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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures applicable to the revocation of a |
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person's release on parole or to mandatory supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (c), Section 508.251, Government |
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Code, is amended to read as follows: |
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(c) Instead of the issuance of a warrant under this section, |
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the division: |
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(1) may issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person |
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is not a releasee who is: |
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(A) on intensive supervision or superintensive |
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supervision; |
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(B) an absconder; or |
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(C) determined by the division to be a threat to |
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public safety; and |
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(2) shall issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person: |
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(A) is charged only with committing an |
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administrative violation of release [that is alleged to have been
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committed after the third anniversary of the date the person was
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released on parole or to mandatory supervision]; |
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(B) is not serving a sentence for, and has not |
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been previously convicted of: |
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(i) [,] an offense listed in or described by |
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Article 62.001(5), Code of Criminal Procedure; |
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(ii) an offense under Chapter 29, Penal |
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Code, or an offense under Title 5, Penal Code, punishable as a |
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felony; or |
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(iii) an offense involving family violence, |
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as defined by Section 71.004, Family Code; and |
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(C) is not a releasee with respect to whom a |
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summons may not be issued under Subdivision (1). |
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SECTION 2. Section 508.281, Government Code, is amended by |
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adding Subsection (a-1) and amending Subsection (c) to read as |
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follows: |
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(a-1) A hearing for a releasee appearing in response to a |
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summons may not be held in a county jail without the consent of the |
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sheriff of the applicable county. |
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(c) If a [hearing before a] designated agent of the board |
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determines that [is held under this section for] a releasee who |
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appears in compliance with a summons[, the sheriff of the county in
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which the releasee is required to appear shall provide the
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designated agent with a place at the county jail to hold the
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hearing. Immediately on conclusion of a hearing in which the
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designated agent determines that a releasee] has violated a |
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condition of release, the agent shall notify the board. After the |
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board or a parole panel makes a final determination regarding the |
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violation, the division may issue a warrant [may be issued] |
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requiring the releasee to be held in a [the] county jail pending[:
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[(1)
the action of a parole panel on any
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recommendations made by the designated agent; and
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[(2) if subsequently ordered by the parole panel,] the |
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return of the releasee to the institution from which the releasee |
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was released. |
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SECTION 3. The change in law made by this Act in amending |
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Section 508.251, Government Code, applies only to a releasee for |
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whom a warrant or summons is issued on or after the effective date |
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of this Act. A releasee for whom a warrant or summons is issued |
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before the effective date of this Act is governed by the law in |
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effect on the date the warrant or summons was issued, and the former |
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law is continued in effect for that purpose. |
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SECTION 4. The change in law made by this Act in amending |
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Section 508.281, Government Code, applies only to a hearing held on |
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or after the effective date of this Act. A hearing held before the |
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effective date of this Act is governed by the law in effect on the |
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date the hearing was held, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |