78R11684 EMT-F


By:  Capelo                                                       H.B. No. 3335

Substitute the following for H.B. No. 3335:                                   

By:  Alonzo                                                   C.S.H.B. No. 3335



A BILL TO BE ENTITLED

AN ACT

relating to the time allowed for disposition of certain charges 
regarding a violation of parole or other forms of release from 
prison.
	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)  A releasee or person may not receive more than one 
continuance of a hearing under this section.
	SECTION 2.  Sections 508.282(a) and (b), Government Code, 
are amended to read as follows:
	(a)  Except as provided by Subsection (b), a parole panel, a 
designee of the board, or the department shall dispose of the 
charges against an inmate or person described by Section 
508.281(a):
		(1)  before the 31st [61st] day after the date on which:
			(A)  a warrant issued as provided by Section 
508.251 is executed, if the inmate or person is arrested only on a 
charge that the inmate or person has committed an administrative 
violation of a condition of release, and the inmate or person is not 
charged before the 31st [61st] day with the commission of an offense 
described by Section 508.2811(2)(B);  or
			(B)  the sheriff having custody of an inmate or 
person alleged to have committed an offense after release notifies 
the department that:
				(i)  the inmate or person has discharged the 
sentence for the offense;  or
				(ii)  the prosecution of the alleged offense 
has been dismissed by the attorney representing the state in the 
manner provided by Article 32.02, Code of Criminal Procedure;  or
		(2)  within a reasonable time after the date on which 
the inmate or person is returned to the custody of the department, 
if:
			(A)  immediately before the return the inmate or 
person was in custody in another state or in a federal correctional 
system;  or
			(B)  the inmate or person is transferred to the 
custody of the department under Section 508.284.
	(b)  A parole panel, a designee of the board, or the 
department is not required to dispose of the charges against an 
inmate or person within the period required by Subsection (a) if:
		(1)  the inmate or person is in custody in another state 
or a federal correctional institution;
		(2)  the parole panel or a designee of the board is not 
provided a place by the sheriff to hold the hearing, in which event 
the department, parole panel, or designee is not required to 
dispose of the charges against the inmate or person until the 30th
[60th] day after the date on which the sheriff provides a place to 
hold the hearing;  or
		(3)  the inmate or person is granted a continuance by a 
parole panel or a designee of the board in the inmate's or person's 
hearing under Section 508.281(a), but in no event may a parole 
panel, a designee of the board, or the department dispose of the 
charges against the person later than the 7th [30th] day after the 
date on which the parole panel, designee, or department would 
otherwise be required to dispose of the charges under this section, 
unless the inmate or person is released from custody and a summons 
is issued under Section 508.251 requiring the inmate or person to 
appear for a hearing under Section 508.281.
	SECTION 3.  (a)  This Act takes effect September 1, 2003.                      
	(b)  The change in law made by this Act applies only to:                       
		(1)  a person who although ineligible for release is 
released from the institutional division of the Texas Department of 
Criminal Justice on or after the effective date of this Act; and
		(2)  a person released on parole, mandatory 
supervision, or conditional pardon who, on or after the effective 
date of this Act, is accused of a violation of a condition of the 
person's release.
	(c)  A person improperly released or a person charged with an 
alleged violation occurring before the effective date of this Act 
is covered by the law in effect when the improper release or the 
alleged violation occurred, and the former law is continued in 
effect for that purpose.