BILL ANALYSIS

 

 

 

C.S.H.B. 2559

By: Bowers

Corrections

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The pardons and paroles division of the Texas Department of Criminal Justice has the authority to issue a summons for a hearing instead of a warrant for certain persons who are charged with a violation of a condition of release on parole or mandatory supervision. It has been suggested that changing that authorization to a requirement, which would have the effect of keeping these persons out of jail, would help them maintain employment and remain productive members of the community pending disposition. C.S.H.B. 2559 seeks to provide for this change.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 2559 amends the Government Code to replace the authorization for the pardons and paroles division of the Texas Department of Criminal Justice to issue to a person a summons instead of a warrant under certain circumstances with a requirement to do so. The bill prohibits the issuance of a warrant for the return of a person who qualifies for such a summons unless the person has previously failed to appear for a hearing in response to a summons.

 

EFFECTIVE DATE

 

September 1, 2019.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 2559 may differ from the original in minor or nonsubstantive ways, the following summarizes the substantial differences between the introduced and committee substitute versions of the bill.

 

The substitute does not include conditions on the releasees to whom the division is required to issue a summons instead of a warrant. The substitute includes a provision specifying that a person who is not a releasee described by the bill's provisions is included among the persons for whom the division is required to issue such a summons under certain conditions.