1-1 AN ACT
1-2 relating to the completion of a sentence in a felony after
1-3 revocation of parole, mandatory supervision, or conditional pardon
1-4 and to the restoration of forfeited good conduct time.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 508.283, Government Code, is amended to
1-7 read as follows:
1-8 Sec. 508.283. SANCTIONS. (a) After a parole panel or
1-9 designated agent of the board has held a hearing under Section
1-10 508.281, the board may, in any manner warranted by the evidence:
1-11 (1) recommend to the governor to continue, revoke, or
1-12 modify the conditional pardon; or
1-13 (2) continue, revoke, or modify the parole or
1-14 mandatory supervision.
1-15 (b) If the [a person's] parole, mandatory supervision, or
1-16 conditional pardon of a person described by Section 508.149(a) is
1-17 revoked, the person may be required to serve the remaining portion
1-18 of the sentence on which the person was released. The remaining
1-19 portion is computed without credit for the time from the date of
1-20 the person's release to the date of revocation.
1-21 (c) If the parole, mandatory supervision, or conditional
1-22 pardon of a person other than a person described by Section
1-23 508.149(a) is revoked, the person may be required to serve the
1-24 remaining portion of the sentence on which the person was released.
2-1 For a person who on the date of issuance of a warrant or summons
2-2 initiating the revocation process is subject to a sentence the
2-3 remaining portion of which is greater than the amount of time from
2-4 the date of the person's release to the date of issuance of the
2-5 warrant or summons, the remaining portion is to be served without
2-6 credit for the time from the date of the person's release to the
2-7 date of revocation. For a person who on the date of issuance of
2-8 the warrant or summons is subject to a sentence the remaining
2-9 portion of which is less than the amount of time from the date of
2-10 the person's release to the date of issuance of the warrant or
2-11 summons, the remaining portion is to be served without credit for
2-12 an amount of time equal to the remaining portion of the sentence on
2-13 the date of issuance of the warrant or citation.
2-14 (d) If a warrant is issued charging a violation of a release
2-15 condition or a summons is issued for a hearing under Section
2-16 508.281, the sentence time credit may be suspended until a
2-17 determination is made in the case. The suspended time credit may
2-18 be reinstated if the parole, mandatory supervision, or conditional
2-19 pardon is continued.
2-20 SECTION 2. Section 498.004, Government Code, as amended by
2-21 Chapters 249 and 321, Acts of the 74th Legislature, Regular
2-22 Session, 1995, is reenacted and amended to read as follows:
2-23 Sec. 498.004. FORFEITURE AND RESTORATION OF GOOD CONDUCT
2-24 TIME. (a) If, during the actual term of imprisonment of an inmate
2-25 in the institutional division or in a transfer facility, the inmate
2-26 commits an offense or violates a rule of the division, the
2-27 department may forfeit all or any part of the inmate's accrued good
3-1 conduct time. The department may [not] restore good conduct time
3-2 forfeited under this subsection.
3-3 (b) On the revocation of parole or mandatory supervision of
3-4 an inmate, the inmate forfeits all good conduct time previously
3-5 accrued. On return to the institutional division the inmate may
3-6 accrue new good conduct time for subsequent time served in the
3-7 division. The department may [not] restore good conduct time
3-8 forfeited on a revocation.
3-9 SECTION 3. This Act takes effect September 1, 2001, and
3-10 applies to any revocation that occurs on or after that date.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1585 was passed by the House on May
8, 2001, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1585 on May 25, 2001, by a non-record
vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1585 was passed by the Senate, with
amendments, on May 21, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor