BILL ANALYSIS

 

 

 

H.B. 1940

By: Perry

Corrections

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Some interpretations of statutes regarding a parolee who has been arrested on a new offense after release assert that the statutes entitle such a parolee to a preliminary hearing to determine whether probable cause or reasonable grounds exist to believe the parolee violated a condition of release. However, it has not been regular practice to hold a preliminary hearing under these circumstances, and it is estimated that doing so would have a significant impact on the staff and resources of the agencies responsible for holding the hearing. 

 

H.B. 1940 clarifies provisions of law relating to the requirement of a preliminary hearing for certain persons released from the Texas Department of Criminal Justice who are alleged to have violated a condition of release.

 

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. 1940 amends the Government Code to include a releasee, a person ineligibly released, or a person granted an unconditional pardon who has been charged with an offense that was committed after release and for which a magistrate has made a finding of probable cause among the persons who are not entitled to a preliminary hearing provided by a parole panel or a designee of the Board of Pardons and Paroles to determine whether probable cause or reasonable grounds exist to believe that such a person has committed an act that would constitute a violation of a condition of release.  The bill makes the commission by a released person of such an offense before the deadline after which a parole panel, designee of the board, or the Texas Department of Criminal Justice is required to dispose of the charges against the person grounds for not having those charges disposed. 

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.