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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on bail of, and the reimbursement to a |
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county for certain costs of confining, a person charged with an |
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administrative violation of parole or 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 Subsections (c), (d), (e), and (f) and adding Subsection |
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(d-1) to read as follows: |
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(c) Except as provided by Subsections [Subsection] (d) and |
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(d-1), pending a hearing on a charge of parole violation, |
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ineligible release, or violation of a condition of mandatory |
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supervision, a person 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 did not |
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include a notice that the person is ineligible [eligible] for |
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release on bond as provided by Subsection (e); 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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(d-1) A magistrate of the county in which the person is held |
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in custody shall release the person on personal bond pending the |
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hearing if: |
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(1) the person has been confined for not less than 30 |
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days only on a charge that the person committed an administrative |
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violation of release; |
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(2) the warrant for the person's arrest did not include |
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a notice that the person is ineligible for release on bond as |
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provided by Subsection (e); 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 ineligible |
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[eligible] for release on bond under this section [Subsection (d)] |
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if the division determines 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 |
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super-intensive supervision; |
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(3) is [not] an absconder; or [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 this section |
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[Subsection (d)] in the same manner as those provisions apply to a |
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person released pending an appearance before a court or magistrate, |
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except that the release under this section [that subsection] is |
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conditioned on the person's appearance at a hearing under this |
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subchapter. |
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SECTION 2. Subchapter I, Chapter 508, Government Code, is |
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amended by adding Section 508.285 to read as follows: |
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Sec. 508.285. REIMBURSEMENT TO COUNTIES. (a) A county is |
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entitled to reimbursement from the department for the costs of |
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confining in the county jail a releasee or person described by |
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Section 508.281(a) who is confined only on a charge that the |
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releasee or person has committed an administrative violation of |
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release and that are incurred beginning on the 11th day of the |
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releasee's or person's confinement in the county jail. |
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(b) Not later than the 15th day of each quarter of a county's |
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fiscal year, the county judge shall certify to the comptroller of |
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public accounts the costs of confinement incurred during the |
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preceding fiscal quarter for which the county is entitled to |
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reimbursement under Subsection (a). The comptroller shall issue a |
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warrant in that amount to the commissioners court of the county. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |