78R1589 PEP-D

By:  Hodge                                                        H.B. No. 29 



A BILL TO BE ENTITLED

AN ACT

relating to the reliability of statements used at certain hearings 
regarding violations of a person's release on parole, mandatory 
supervision, or conditional pardon.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 508.281, Government Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  In determining the existence of a violation of the 
releasee's parole or mandatory supervision or the person's 
conditional pardon, a parole panel or designated agent of the board 
conducting a hearing under this section may consider an accusation 
of the violation only if the accusation is included in an affidavit 
or is otherwise made under oath.
	SECTION 2.  Section 508.2811, Government Code, is amended to 
read as follows:
	Sec. 508.2811.  PRELIMINARY HEARING.  (a)  A parole panel or 
a designee of the board shall provide within a reasonable time to an 
inmate or person described by Section 508.281(a) a preliminary 
hearing to determine whether probable cause or reasonable grounds 
exist to believe that the inmate or person has committed an act that 
would constitute a violation of a condition of release, unless the 
inmate or person:
		(1)  waives the preliminary hearing;  or                                      
		(2)  after release:                                                           
			(A)  has been charged only with an administrative 
violation of a condition of release;  or
			(B)  has been adjudicated guilty of or has pleaded 
guilty or nolo contendere to an offense committed after release, 
other than an offense punishable by fine only involving the 
operation of a motor vehicle, regardless of whether the court has 
deferred disposition of the case, imposed a sentence in the case, or 
placed the inmate or person on community supervision.
	(b)  In determining whether probable cause or reasonable 
grounds exist to believe that an inmate or person has committed an 
act constituting a violation of a condition of release, a parole 
panel or designated agent of the board conducting a preliminary 
hearing under this section may consider an accusation of the act 
only if the accusation is included in an affidavit or is otherwise 
made under oath.
	SECTION 3.  This Act takes effect September 1, 2003.