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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. 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 committed an administrative violation of |
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release; |
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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 a person released under Subsection (d) in the |
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same manner as those provisions apply to a person released pending |
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an appearance before a court or magistrate, except that the release |
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under that subsection is conditioned on the person's appearance at |
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a hearing under this subchapter. |
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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 |
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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 508.254, Government Code, applies only to a person who on or |
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after the effective date of this Act is charged with a violation of |
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the person's release on parole or mandatory supervision. A person |
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who before the effective date of this Act was charged with a |
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violation of release is governed by the law in effect when the |
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violation was charged, and the former law is continued in effect for |
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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 |
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determination made by a designated agent of the Board of Pardons and |
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Paroles on or after the effective date of this Act. A determination |
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made before the effective date of this Act is governed by the law in |
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effect on the date the determination was made, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2015. |