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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for certain persons charged with certain new |
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offenses or an administrative violation of a condition of release |
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from the Texas Department of Criminal Justice on parole or to |
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mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.254, Government Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) Except as provided by Subsection (d), pending [Pending] |
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a hearing on a charge of parole violation, ineligible release, or |
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violation of a condition of mandatory supervision, a person |
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returned to custody shall remain confined. |
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(d) A magistrate of the county in which the person is held in |
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custody may release the person on bond pending the hearing if: |
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(1) the person is arrested or held in custody only on a |
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charge that the person: |
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(A) committed an administrative violation of |
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release; or |
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(B) violated a condition of release by committing |
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a new offense for which the person is eligible for release on bond, |
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other than: |
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(i) an offense punishable as a felony; |
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(ii) an offense under Title 5 or Chapter 49, |
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Penal Code, punishable as a Class B or Class A misdemeanor; or |
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(iii) an offense involving family violence, |
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as defined by Section 71.004, Family Code; |
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(2) the division, in accordance with Subsection (e), |
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included notice on the warrant for the person's arrest that the |
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person is eligible for release on bond; and |
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(3) the magistrate determines that the person is not a |
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threat to public safety. |
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(e) The division shall include a notice on the warrant for |
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the person's arrest indicating that the person is eligible for |
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release on bond under Subsection (d) if the division determines |
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that the person: |
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(1) has not been previously convicted of: |
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(A) an offense under Chapter 29, Penal Code; |
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(B) an offense under Title 5, Penal Code, |
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punishable as a felony; or |
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(C) an offense involving family violence, as |
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defined by Section 71.004, Family Code; |
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(2) is not on intensive supervision or super-intensive |
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supervision; |
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(3) is not an absconder; and |
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(4) is not a threat to public safety. |
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(f) The provisions of Chapters 17 and 22, Code of Criminal |
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Procedure, apply to: |
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(1) a person released under Subsection (d) in the same |
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manner as those provisions apply to a person released pending an |
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appearance before a court or magistrate, except that the release |
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under Subsection (d) is conditioned on the person's appearance at a |
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hearing under Subchapter I; and |
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(2) the forfeiture of the bond of a person released |
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under Subsection (d), except that forfeiture proceedings may be |
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initiated on the failure of the person to appear at a hearing under |
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Subchapter I. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.50 to read as follows: |
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Art. 17.50. APPLICATION OF CHAPTER TO RELEASEES. (a) In |
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this article, "releasee" means a person who is subject to detention |
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under warrant under Section 508.254, Government Code. |
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(b) Unless the context clearly requires otherwise, a |
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provision of this chapter that refers to a defendant applies to a |
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releasee in the same manner that the provision applies to a |
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defendant. |
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(c) Unless the context clearly requires otherwise, a |
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provision of this chapter that refers to a particular court or |
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magistrate before which a defendant must appear applies to a |
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releasee, except that entity before which the releasee must appear |
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is the parole panel or the designated agent of the Board of Pardons |
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and Paroles that will conduct a hearing concerning the releasee |
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under Subchapter I, Chapter 508, Government Code. |
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(d) Notwithstanding Subdivision 3, Article 17.08, if a bail |
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bond secures the appearance of a releasee at a hearing under |
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Subchapter I, Chapter 508, Government Code, the bail bond must |
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state that the releasee is accused of a violation of the conditions |
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of the releasee's release from the Texas Department of Criminal |
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Justice. |
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SECTION 3. Chapter 22, Code of Criminal Procedure, is |
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amended by adding Article 22.19 to read as follows: |
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Art. 22.19. APPLICATION OF CHAPTER TO RELEASEES. (a) In |
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this article, "releasee" means a person who is subject to detention |
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under warrant under Section 508.254, Government Code. |
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(b) Unless the context clearly requires otherwise, a |
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provision of this chapter that refers to a defendant applies to a |
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releasee in the same manner that the provision applies to a |
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defendant. |
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(c) Unless the context clearly requires otherwise, a |
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provision of this chapter that refers to a particular court or |
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magistrate before which a defendant must appear applies to a |
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releasee, except that entity before which the releasee must appear |
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is the parole panel or the designated agent of the Board of Pardons |
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and Paroles that will conduct a hearing concerning the releasee |
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under Subchapter I, Chapter 508, Government Code. |
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(d) Notwithstanding Article 22.02, if a bail bond or |
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personal bond secures the appearance of a releasee at a hearing |
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under Subchapter I, Chapter 508, Government Code, the requirement |
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of that article that the defendant's name be called distinctly at |
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the courthouse door is satisfied if the releasee's name is called |
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distinctly at the door of the place at which the hearing under |
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Subchapter I, Chapter 508, Government Code, is held. |
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(e) Notwithstanding Article 22.03(a), if the bail bond or |
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personal bond to be forfeited secures the appearance of a releasee |
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at a hearing under Subchapter I, Chapter 508, Government Code, the |
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requirement of that article that a judgment be entered is satisfied |
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if the person initiating bond forfeiture proceedings under this |
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chapter files a petition alleging facts that, if true, support a |
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final judgment of forfeiture. |
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(f) Notwithstanding any other law, if the bail bond or |
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personal bond to be forfeited secures the appearance of a releasee |
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at a hearing under Subchapter I, Chapter 508, Government Code, in |
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addition to any other person authorized to initiate bond forfeiture |
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proceedings under this chapter, the director of the pardon and |
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paroles division of the Texas Department of Criminal Justice or the |
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director's designee may initiate bond forfeiture proceedings under |
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this chapter. Regardless of the person that initiates bond |
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forfeiture proceedings under this chapter, any proceeds from a |
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forfeiture shall be collected and deposited in the same manner as |
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the proceeds from any other bond forfeited under this chapter. |
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SECTION 4. The change in law made by this Act applies only |
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to a person who on or after the effective date of this Act is charged |
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with a violation of the person's release on parole or to mandatory |
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supervision. A person who before the effective date of this Act was |
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charged with a violation of release is governed by the law in effect |
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when the violation was charged, and the former law is continued in |
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effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |