SRC-TJG C.S.H.B. 1849 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1849
78R14760 GWK-DBy: Allen (Whitmire)
Criminal Justice
5/7/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Currently, parolees in Texas may be notified of a revocation hearing by
summons or by warrant for arrest.  Also, many jails provide parole
revocation hearing rooms for parolees who are arrested on a warrant.
C.S.H.B. 1849 authorizes the parole division of the Texas Department of
Criminal Justice to notify certain parole violators of their parole
revocation hearing by issuing a summons.  This bill also allows a warrant
to be issued immediately, if a parolee attends a revocation hearing after
being notified by summons, and at the hearing it is determined that the
parolee has violated a condition of release, so that the parolee can be
confined in county jail between the date of the hearing and the date the
decision in revocation becomes final.  Finally, this bill specifies that
revocation hearing rooms will be provided for those revocation hearing for
parolees under summons and requires the parole division to resolve the
revocation charges not later than the 31st day after the date the warrant
is issued. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 508.251(c), Government Code, to authorize the
parole division, instead of the issuance of a warrant under this section,
to issue to the person a summons requiring the person to appear for a
hearing under Section 508.281 unless the person is a releasee who is on
intensive supervision or superintensive supervision, who is an absconder,
or who is determined by the division to be a threat to public safety. 

SECTION 2.  Amends Section 508.252, Government Code, as follows:

Sec. 508.252.  New heading: GROUNDS FOR ISSUANCE OF WARRANT OR SUMMONS.
Authorizes a warrant or summons to be issued under Section 508.251 if
certain conditions apply. 

SECTION 3.  Amends Section 508.281, Government Code, by adding Subsection
(c) to require the sheriff of the county in which the releasee is required
to appear to provide the designated agent with a place at the county jail
to hold the hearing, if a hearing before a designated agent of the Board
of Pardons and Paroles (TBPP) is held under this section for a releasee
who appears in compliance with a summons.  Authorizes a warrant,
immediately on conclusion of a hearing in which the designated agent
determines that a releasee has violated a condition of release, to be
issued requiring the releasee to be held in the county jail pending
certain actions. 

SECTION 4.  Amends Section 508.282, Government Code, by amending
Subsection (c) and adding Subsection (f), as follows: 

(c) Makes conforming and nonsubstantive changes.

(f) Requires certain persons or entities to dispose of the charges against
a releasee for whom a warrant is issued under Section 508.281(c) not later
than the 31st day after the date on which the warrant is issued. 
 
SECTION 5.  Makes application of this Act prospective.

SECTION 6.  Effective date: September 1, 2003.