SRC-ARR C.S.H.B. 854 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 854
76R7478 PEP-DBy: Capelo (Armbrister)
Criminal Justice
4/29/1999
Committee Report (Substituted)


DIGEST 

Currently the Texas Department of Criminal Justice (TDCJ) conducts a Texas
Crime Information Center/National Crime Information Center criminal history
check on all new admissions to the prison system. Should there be an
outstanding warrant, the department contacts the appropriate jurisdiction
to ask whether it wishes to place a detainer on the inmate. If a warrant is
issued after an inmate has entered the prison system, the entity placing
the warrant can verify that the inmate is incarcerated in the department
and contact the department if it wants to place a detainer on the inmate.
H.B. 854 requires the department to check for warrants at the time of
release to insure that outstanding warrants are addressed before releasing
an inmate or defendant from custody.  

PURPOSE

As proposed, H.B. 854 requires the identification of certain persons
confined by the Texas Department of Criminal Justice who are subject to a
warrant. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 493, Government Code, by adding Section 493.0145,
as follows:  

Sec. 493.0145. IDENTIFICATION OF INMATES SUBJECT TO ARREST WARRANT.
Requires the Texas Department of Criminal (TDCJ)  to conduct a criminal
history record check to determine whether the inmate is the subject of an
arrest warrant, before an inmate is discharged or is released on parole or
mandatory supervision from TDCJ. Requires the department, in conducting the
criminal history record check, to allow sufficient time for compliance with
any requirements related to notifying the proper authorities of the
inmate's discharge or release and, if necessary, processing a demand for
extradition of the inmate.  

SECTION 2. Amends Chapter 507B, Government Code,  by adding Section
507.032, as follows: 

Sec. 507.032. IDENTIFICATION OF DEFENDANTS SUBJECT TO ARREST WARRANT.
Requires the department to conduct a criminal history record check to
determine whether the defendant is the subject of a warrant, before a
defendant is released from confinement in a state jail felony facility.
Requires the department to allow sufficient time for compliance with any
requirements related to notify the proper authorities of the defendant's
release and, if necessary, processing a demand for extradition of the
defendant.  

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.





 SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

Amends Section 493.0145, Government Code, to require the department, in
conducting the criminal history record check, to allow sufficient time for
processing a demand for extradition of the inmate. 

SECTION 2.

 Amends Section 507.032, Government Code, to make a conforming change.