| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to procedures for certain persons charged with an |
|
|
administrative violation of a condition of release from the Texas |
|
|
Department of Criminal Justice on parole or to mandatory |
|
|
supervision. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 508.251, Government Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (c-1) to read as |
|
|
follows: |
|
|
(c) Instead of the issuance of a warrant under this section, |
|
|
the division: |
|
|
(1) may issue to the person a summons requiring the |
|
|
person to appear for a hearing under Section 508.281 if [unless] the |
|
|
person is not a releasee who is: |
|
|
(A) on intensive supervision or superintensive |
|
|
supervision; |
|
|
(B) [, who is] an absconder; or |
|
|
(C) [, or who is] determined by the division to be |
|
|
a threat to public safety; and |
|
|
(2) shall issue to the person a summons requiring the |
|
|
person to appear for a hearing under Section 508.281 if the person: |
|
|
(A) is charged only with committing an |
|
|
administrative violation of release that is alleged to have been |
|
|
committed after the third anniversary of the date the person was |
|
|
released on parole or to mandatory supervision; |
|
|
(B) is not serving a sentence for, and has not |
|
|
been previously convicted of, an offense listed in or described by |
|
|
Article 62.001(5), Code of Criminal Procedure; and |
|
|
(C) is not a releasee with respect to whom a |
|
|
summons may not be issued under Subdivision (1). |
|
|
(c-1) A [The] summons issued under Subsection (c) must state |
|
|
the time, date, place, and purpose of the hearing. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a person who on or after the effective date of this Act is charged |
|
|
with a violation of the terms of the person's release on parole or |
|
|
to mandatory supervision. A person who before the effective date of |
|
|
this Act was charged with a violation of the terms of the person's |
|
|
release is governed by the law in effect when the violation was |
|
|
charged, and the former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |