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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for disposing of a charge that a person |
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violated a condition of release from the Texas Department of |
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Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.282(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a parole panel, a |
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designee of the board, or the department shall dispose of the |
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charges against an inmate or person described by Section |
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508.281(a): |
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(1) before the 41st day after the date on which: |
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(A) a warrant issued as provided by Section |
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508.251 is executed, unless an indictment, information, or |
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complaint is filed in court [if the inmate or person is arrested |
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only on a charge that the inmate or person has committed an |
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administrative violation of a condition of release, and the inmate |
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or person is not charged] before the 41st day alleging [with] the |
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inmate or person committed [commission of] an offense described by |
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Section 508.2811(2)(B); or |
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(B) the sheriff having custody of an inmate or |
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person alleged to have committed an offense after release notifies |
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the department that: |
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(i) the inmate or person has discharged the |
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sentence for the offense; or |
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(ii) the prosecution of the alleged offense |
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has been dismissed by the attorney representing the state in the |
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manner provided by Article 32.02, Code of Criminal Procedure; or |
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(2) within a reasonable time after the date on which |
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the inmate or person is returned to the custody of the department, |
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if: |
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(A) immediately before the return the inmate or |
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person was in custody in another state or in a federal correctional |
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system; or |
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(B) the inmate or person is transferred to the |
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custody of the department under Section 508.284. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who on or after the effective date of this Act is charged |
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with a violation of a condition of the person's release. A person |
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who was charged with a violation of a condition of release 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 person was charged with the violation, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |