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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 a violation |
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of a condition of release from the Texas Department of Criminal |
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Justice 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. Section 508.251(c), Government Code, is amended |
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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: |
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(i) an administrative violation of release |
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that is alleged to have been committed after the first [third] |
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anniversary of the date the person was released on parole or to |
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mandatory supervision; or |
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(ii) a new offense that is alleged to have |
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been committed after the first anniversary of the date the person |
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was released on parole or to mandatory supervision if: |
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(a) the new offense is a Class B or |
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Class C misdemeanor, other than an offense committed against a |
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child younger than 17 years of age or an offense involving family |
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violence, as defined by Section 71.004, Family Code; |
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(b) the person has maintained steady |
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employment for at least one year; |
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(c) the person has maintained a stable |
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residence for at least one year; and |
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(d) the person has not previously been |
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charged with an offense after the person was released on parole or |
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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, an offense listed in or described by |
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Article 62.001(5), Code of Criminal Procedure; 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(c), Government Code, is amended |
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to read as follows: |
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(c) If a hearing before a designated agent of the board is |
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held under this section for a releasee who appears in compliance |
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with a summons, the sheriff of the county in which the releasee is |
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required to appear shall provide the designated agent with a place |
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at the county jail to hold the hearing. After the board or a parole |
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panel makes a final determination [Immediately on conclusion of a
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hearing in which the designated agent determines] that a releasee |
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has violated a condition of release, a warrant may be issued |
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requiring the releasee to be held in the county jail pending: |
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(1) transfer to an intermediate sanction facility [the
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action of a parole panel on any recommendations made by the
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designated agent]; or [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(c), Government Code, applies only to a person who |
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on or after the effective date of this Act is charged with a |
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violation of the terms of the person's release on parole or to |
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mandatory supervision. A person who before the effective date of |
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this Act was charged with a violation of the terms of the person's |
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release is governed by the law in effect when the violation was |
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charged, and the former 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(c), Government Code, applies only to a hearing held |
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on or after the effective date of this Act. A hearing held before |
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the effective date of this Act is governed by the law in effect on |
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the date the hearing was held, 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, 2015. |