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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic monitoring as a condition of community |
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supervision and parole for certain sex offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.12, Code of Criminal Procedure, is |
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amended by adding Section 13E to read as follows: |
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Sec. 13E. ELECTRONIC MONITORING FOR CERTAIN SEX OFFENDERS. |
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(a) If a judge grants community supervision to a defendant required |
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to register as a sex offender under Chapter 62, the judge shall |
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require the defendant as a condition of community supervision to: |
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(1) submit to tracking under an electronic monitoring |
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service, global positioning satellite service, or other |
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appropriate technological service designed to track a person's |
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location; |
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(2) refrain from tampering with, altering, modifying, |
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obstructing, or manipulating any equipment used by the service to |
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which the defendant is required to submit under Subdivision (1); |
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and |
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(3) unless the judge determines the defendant is |
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indigent, pay periodically to the community supervision and |
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corrections department supervising the defendant a fee in an amount |
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equal to the cost the department incurs during each period in |
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tracking the person under Subdivision (1). |
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(b) A tracking service to which a defendant is required to |
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submit under Subsection (a) must: |
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(1) track the defendant's location in real time; |
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(2) be able to provide a real-time report of the |
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defendant's location to the community supervision and corrections |
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department officer supervising the defendant; and |
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(3) provide a cumulative report of the defendant's |
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locations during a specified period of time to the community |
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supervision and corrections department officer supervising the |
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defendant. |
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SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.1865 to read as follows: |
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Sec. 508.1865. ELECTRONIC MONITORING FOR CERTAIN SEX |
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OFFENDERS. (a) A parole panel shall require as a condition of |
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parole or mandatory supervision that a releasee required to |
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register as a sex offender under Chapter 62, Code of Criminal |
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Procedure: |
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(1) submit to tracking under an electronic monitoring |
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service, global positioning satellite service, or other |
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appropriate technological service designed to track a person's |
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location; |
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(2) refrain from tampering with, altering, modifying, |
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obstructing, or manipulating any equipment used by the service to |
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which the releasee is required to submit under Subdivision (1); and |
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(3) unless the parole panel determines the releasee is |
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indigent, pay periodically to the department an amount equal to the |
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cost the department incurs during each period in tracking the |
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releasee under Subdivision (1). |
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(b) A tracking service to which a releasee is required to |
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submit under Subsection (a) must: |
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(1) track the releasee's location in real time; |
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(2) be able to provide a real-time report of the |
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releasee's location to the parole officer supervising the releasee; |
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and |
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(3) provide a cumulative report of the releasee's |
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locations during a specified period of time to the parole officer |
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supervising the releasee. |
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SECTION 3. The changes in law made by this Act in adding |
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Section 13E, Article 42.12, Code of Criminal Procedure, and |
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Section 508.1865, Government Code, apply only to a person who is |
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placed on community supervision or released on parole or to |
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mandatory supervision for an offense committed on or after |
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September 1, 2009. A person who is placed on community supervision |
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or released on parole or to mandatory supervision for an offense |
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committed before September 1, 2009, is governed by the law in effect |
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at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before September 1, 2009, if any element of |
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the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |