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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement of a preliminary hearing for certain |
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persons released from the Texas Department of Criminal Justice who |
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are alleged to have violated a condition of release. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.2811, Government Code, is amended to |
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read as follows: |
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Sec. 508.2811. PRELIMINARY HEARING. A parole panel or a |
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designee of the board shall provide within a reasonable time to an |
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inmate or person described by Section 508.281(a) a preliminary |
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hearing to determine whether probable cause or reasonable grounds |
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exist to believe that the inmate or person has committed an act that |
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would constitute a violation of a condition of release, unless the |
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inmate or person: |
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(1) waives the preliminary hearing; or |
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(2) after release: |
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(A) has been charged only with an administrative |
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violation of a condition of release; |
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(B) has been charged with an offense that was |
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committed after release and for which a magistrate has made a |
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finding of probable cause; or |
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(C) [(B)] has been adjudicated guilty of or has |
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pleaded guilty or nolo contendere to an offense committed after |
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release, other than an offense punishable by fine only involving |
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the operation of a motor vehicle, regardless of whether the court |
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has deferred disposition of the case, imposed a sentence in the |
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case, or placed the inmate or person on community supervision. |
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SECTION 2. Section 508.282(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a parole panel, a |
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designee of the board, or the department shall dispose of the |
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charges against an inmate or person described by Section |
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508.281(a): |
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(1) before the 41st day after the date on which: |
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(A) a warrant issued as provided by Section |
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508.251 is executed, if the inmate or person is arrested only on a |
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charge that the inmate or person has committed an administrative |
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violation of a condition of release, and the inmate or person is not |
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charged before the 41st day with the commission of an offense |
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described by Section 508.2811(2)(B) or (C); or |
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(B) the sheriff having custody of an inmate or |
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person alleged to have committed an offense after release notifies |
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the department that: |
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(i) the inmate or person has discharged the |
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sentence for the offense; or |
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(ii) the prosecution of the alleged offense |
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has been dismissed by the attorney representing the state in the |
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manner provided by Article 32.02, Code of Criminal Procedure; or |
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(2) within a reasonable time after the date on which |
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the inmate or person is returned to the custody of the department, |
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if: |
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(A) immediately before the return the inmate or |
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person was in custody in another state or in a federal correctional |
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system; or |
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(B) the inmate or person is transferred to the |
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custody of the department under Section 508.284. |
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SECTION 3. 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, 2011. |