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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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No
equivalent provision.
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SECTION 1. Subchapter B,
Chapter 508, Government Code, is amended by adding Section 508.0505 to read
as follows:
Sec. 508.0505.
NOTIFICATION OF EXECUTIVE CLEMENCY RECOMMENDATION. (a) Not later than the
11th day after the date the board recommends that the governor grant
executive clemency, the board shall notify the sheriff, each chief of
police, the prosecuting attorneys, and the district judges in the county in
which the individual was convicted that the governor is considering
clemency.
(b) If the prosecution of
a case was originated in a county other than the county in which the
conviction occurred, the board shall also notify the officers listed in
Subsection (a) who serve the originating county, subject to the same
deadline imposed by Subsection (a).
(c) The notice under
Subsection (a) or (b) must include:
(1) the individual's
name, age, sex, and race;
(2) a photograph of the
individual, if available;
(3) the county in which
the individual was convicted; and
(4) the offense for which
the individual was convicted.
(d) The notice under
Subsection (a) or (b) must be provided by e-mail or other electronic
communication.
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SECTION 1. Sections
508.115(a) and (d), Government Code, are amended to read as follows:
(a) Not later than the 11th
day before the date a parole panel orders the release on parole of an
inmate or not later than the 11th day
after the date the board recommends that the governor grant executive
clemency, the division shall give notice in accordance with
Subsection (d) to [notify] the sheriffs, each chief of police,
the prosecuting attorneys, and the district judges in the county in which
the inmate was convicted and the county to which the inmate is released
that a parole panel is considering release on parole or the governor is considering clemency.
(d) The notice must include
[state]:
(1) the inmate's name,
age, sex, and race;
(2) a photograph of the
inmate;
(3) if applicable:
(A) the address at which
the inmate will reside;
(B) the name of the
inmate's parole supervisor or the director of the halfway house to which
the inmate is transferred, as appropriate; and
(C) the rules or
conditions of the inmate's release;
(4) [(2)] the
county in which the inmate was convicted; and
(5) [(3)] the
offense for which the inmate was convicted.
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SECTION 2. Sections
508.115(a) and (d), Government Code, are amended to read as follows:
(a) Not later than the 11th
day before the date a parole panel orders the release on parole of an
inmate [or not later than the 11th
day after the date the board recommends that the governor grant executive
clemency], the division shall give notice in accordance with
Subsection (d) to [notify] the sheriffs, each chief of police,
the prosecuting attorneys, and the district judges in the county in which
the inmate was convicted and the county to which the inmate is released
that a parole panel is considering release on parole [or the governor is considering clemency].
(d) The notice must include
[state]:
(1) the inmate's name,
age, sex, and race;
(2) a photograph of the
inmate;
(3) if applicable:
(A) the address at which
the inmate will reside;
(B) the name of the
inmate's parole supervisor or the director of the halfway house to which
the inmate is transferred, as appropriate; and
(C) the rules or
conditions of the inmate's release;
(4) [(2)] the
county in which the inmate was convicted; and
(5) [(3)] the
offense for which the inmate was convicted.
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SECTION 2. Subchapter D,
Chapter 508, Government Code, is amended by adding Section 508.120 to read
as follows:
Sec. 508.120. RELEASEE
DATABASE. (a) In this section, "criminal justice agency" has
the meaning assigned by Article 60.01, Code of Criminal Procedure.
(b) The division shall
establish and maintain a database for the purpose of providing real time
information about releasees to criminal justice agencies.
(c) The database:
(1) must contain the
following information about a releasee, to the extent that the information
is available:
(A) a photograph;
(B) a physical
description;
(C) gang affiliation;
(D) residential history;
(E) family history;
(F) employment history;
(G) a list of persons who visited the releasee during the
releasee's confinement by the department;
(H) the make, model, and
license plate number of any vehicle operated by the releasee; and
(I) any other information that the division considers
appropriate; and
(2) must be updated as
soon as practicable after a parole officer learns of a change in any
information described by Subdivision (1).
(d) In establishing a
database under this section, the division may utilize an existing database
that is maintained by the department, including the corrections tracking
system established under Article 60.02, Code of Criminal Procedure.
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SECTION 3. Subchapter D,
Chapter 508, Government Code, is amended by adding Section 508.120 to read
as follows:
Sec. 508.120. RELEASEE
DATABASE. (a) In this section, "criminal justice agency" has
the meaning assigned by Article 60.01, Code of Criminal Procedure.
(b) The division shall
establish and maintain a database for the purpose of providing real time
information about releasees to criminal justice agencies.
(c) The database:
(1) must contain the
following information about a releasee, to the extent that the information
is available:
(A) a photograph;
(B) a physical
description;
(C) gang affiliation;
(D) residential history;
(E) employment history;
and
(F) the make, model, and
license plate number of any vehicle operated by the releasee; and
(2) must be updated as
soon as practicable after a parole officer learns of a change in any
information described by Subdivision (1).
(d) In establishing a
database under this section, the division may utilize an existing database
that is maintained by the department, including the corrections tracking
system established under Article 60.02, Code of Criminal Procedure.
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SECTION 3. Subchapter H,
Chapter 508, Government Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 4.
(a) Section 508.115,
Government Code, as amended by this Act, applies only to the consideration
by a parole panel of the release of an inmate or the transfer of an inmate
to a halfway house that occurs on or after the
effective date of this Act or to a recommendation that the governor grant
executive clemency that is made on or after the effective date of this Act.
(b) Section 508.2511,
Government Code, as added by this Act, applies only to a warrant issued
under Subchapter H, Chapter 508, Government Code, on or after the effective date of this Act.
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SECTION 5. (a) Section 508.0505, Government Code, as
added by this Act, applies only to a recommendation by the Board of Pardons
and Paroles that the governor grant executive clemency that is made on or
after January 1, 2018. A recommendation by the Board of Pardons and
Paroles that the governor grant executive clemency that is made before
January 1, 2018, is governed by Section 508.115, Government Code, as that
law existed immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
(b) Section 508.115,
Government Code, as amended by this Act, applies only to the consideration
by a parole panel of the release of an inmate or the transfer of an inmate
to a halfway house that occurs on or after January
1, 2018. The consideration by a parole panel of the release or transfer of
an inmate that occurs before January 1, 2018, is governed by the law in
effect immediately before the effective date of this Act, and the former
law is continued in effect for that purpose.
(c) Section 508.2511,
Government Code, as added by this Act, applies only to a warrant issued
under Subchapter H, Chapter 508, Government Code, on or after January 1, 2018.
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No
equivalent provision.
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SECTION 6. Not later than
January 1, 2018, the pardons and paroles division of the Texas Department
of Criminal Justice shall establish the database required by Section
508.120, Government Code, as added by this Act.
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SECTION 5. This Act takes
effect September 1, 2017.
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SECTION 7. Same as introduced
version.
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