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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 required condition of |
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community supervision and parole for certain violent 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. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR |
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VIOLENT OFFENSES; ELECTRONIC MONITORING. If a judge grants |
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community supervision to a defendant charged with or convicted of |
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an offense listed in Section 3g(a)(1) or for which the judgment |
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contains an affirmative finding under Section 3g(a)(2), the judge |
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shall require the defendant as a condition of community supervision |
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for a period of not less than one year 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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SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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amended by adding Section 508.192 to read as follows: |
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Sec. 508.192. ELECTRONIC MONITORING FOR CERTAIN RELEASEES. |
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A parole panel shall require as a condition of parole that a |
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releasee whose eligibility for parole is governed by Section |
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508.145, for a period of not less than one year: |
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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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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 Section |
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508.192, Government Code, apply only to a person who is placed on |
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community supervision or released on parole for an offense |
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committed on or after the effective date of this Act. A person who |
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is placed on community supervision or released on parole for an |
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offense committed before the effective date of this Act is governed |
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by the law in effect when the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |