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A BILL TO BE ENTITLED
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AN ACT
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relating to the electronic monitoring of certain defendants as an |
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alternative to confinement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42.035, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (e) to |
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read as follows: |
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(a) A court [in a county served by a community supervision
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and corrections department that has an electronic monitoring
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program approved by the community justice assistance division of
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the Texas Department of Criminal Justice] may require a defendant |
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to serve all or part of a sentence of confinement in county jail by |
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participating in an [submitting to] electronic monitoring program |
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rather than being confined in the county jail, if the program: |
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(1) is operated by a community supervision and |
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corrections department that serves the county in which the court is |
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located and has been approved by the community justice assistance |
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division of the Texas Department of Criminal Justice; or |
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(2) is operated by the commissioners court of the |
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county, or by a private vendor under contract with the |
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commissioners court, under Section 351.904, Local Government Code, |
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if the defendant has not been placed on community supervision. |
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(e) A court may revoke a defendant's participation in an |
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electronic monitoring program and require the defendant to serve |
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the remainder of the defendant's sentence of confinement in county |
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jail if the defendant violates a condition imposed by a court under |
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this article, including a condition requiring the defendant to pay |
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for participating in the program under Subsection (c). |
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SECTION 2. Article 43.09(e), Code of Criminal Procedure, is |
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amended to read as follows: |
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(e) A court in a county that operates an electronic |
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monitoring program or contracts with a private vendor to operate an |
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electronic monitoring program under Section 351.904, Local |
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Government Code, or that is served by a community supervision and |
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corrections department that operates [has] an electronic |
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monitoring program approved by the community justice assistance |
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division of the Texas Department of Criminal Justice, may require a |
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defendant who is unable to pay a fine or costs to discharge all or |
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part of the fine or costs by participating in the program |
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[submitting to electronic monitoring]. A defendant who |
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participates in an [that submits to] electronic monitoring program |
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under this subsection discharges fines and costs in the same manner |
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as if the defendant were confined in county jail. |
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SECTION 3. Subchapter Z, Chapter 351, Local Government |
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Code, is amended by adding Section 351.904 to read as follows: |
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Sec. 351.904. ELECTRONIC MONITORING PROGRAM. (a) A |
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commissioners court of a county may establish and operate an |
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electronic monitoring program for the purpose of monitoring |
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defendants required by a court of the county to participate in an |
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electronic monitoring program under: |
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(1) Article 43.09, Code of Criminal Procedure, to |
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discharge a fine or costs; or |
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(2) Article 42.035, Code of Criminal Procedure, as an |
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alternative to serving all or part of a sentence of confinement in |
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county jail. |
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(b) The commissioners court shall provide for the sheriff or |
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the community supervision and corrections department serving the |
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county, under an agreement with the commissioners court, to oversee |
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and operate, or if the program is operated by a private vendor under |
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Subsection (c), oversee the operation of, an electronic monitoring |
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program established under this section. |
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(c) A commissioners court may contract with a private vendor |
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to operate an electronic monitoring program under this section, |
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including by enrolling and tracking participants in the program and |
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performing periodic reviews with participants regarding compliance |
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with the program. |
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(d) A commissioners court may use money that a defendant is |
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ordered to pay to a county under Article 42.035(c), Code of Criminal |
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Procedure, to pay for the services of a private vendor that operates |
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an electronic monitoring program under Subsection (c). |
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(e) A commissioners court may subsidize all or part of the |
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cost of a defendant's participation in an electronic monitoring |
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program under this section if the defendant is indigent. |
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SECTION 4. Article 42.035(e), Code of Criminal Procedure, |
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as added by this Act, applies only to a defendant who is sentenced |
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to a term of confinement in county jail for an offense committed on |
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or after September 1, 2009. A defendant who is sentenced to a term |
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of confinement in county jail for an offense committed before |
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September 1, 2009, is governed by the law in effect when the offense |
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was committed, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense was committed |
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before September 1, 2009, if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |