BILL ANALYSIS

H.B. 94

By: Hodge

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

In 2001, the 77th Legislature, Regular Session, enacted H.B. 1649. SECTION 7 of the bill amended Section 508.283, Government Code, by adding Subsection (c), which states that if the parole, mandatory supervision, or conditional pardon of a person is revoked, the person may be required to serve the remaining portion of the sentence on which the person was released.

If at the issuance of the warrant or summons initiating the revocation process the person has not served at least half of the sentence, the person is required to serve the entire sentence back in custody. However, if at the issuance of the warrant or summons, the person has served at least half of the parole or mandatory supervision sentence, then the person is required to serve only the remaining portion of the sentence in custody. This law affects offenders whose revocation occurred or after September 1, 2001.

H.B. 94 makes this method of calculation of the remaining sentence apply regardless of whether the revocation occurred before, on, or after September 1, 2001.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 94 requires that notwithstanding Section 11, Chapter 856, Acts of the 77th Legislature, Regular Session, 2001, the change in law made by Section 7 of that act to Section 508.283, Government Code, applies to the calculation of the remaining sentence for an inmate whose release on parole, mandatory supervision, or conditional pardon is revoked regardless of whether the revocation occurred before, on, or after September 1, 2001.

EFFECTIVE DATE

September 1, 2010.