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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of a summons for certain persons charged |
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with a violation of a condition of release on parole or to mandatory |
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supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.251, Government Code, is amended by |
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amending Subsections (c) and (c-1) and adding Subsection (c-2) to |
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read as follows: |
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(c) Notwithstanding Subsection (a), instead [Instead] of |
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the issuance of a warrant under this section, the division shall[: |
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[(1) may] issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person: |
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(1) [(A)] is not a releasee who is: |
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(A) [(i)] on intensive supervision or |
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superintensive supervision; |
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(B) [(ii)] an absconder; or |
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(C) [(iii)] determined by the division to be a |
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threat to public safety; [or] |
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(2) is not serving a sentence for, and has not been |
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previously convicted of, an offense listed in or described by |
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Article 62.001(5), Code of Criminal Procedure; and |
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(3) [(B)] is charged only with committing: |
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(A) a new offense that is alleged to have been |
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committed after the first anniversary of the date the person was |
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released on parole or to mandatory supervision if: |
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(i) the new offense is a Class C misdemeanor |
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under the Penal Code, other than an offense committed against a |
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child younger than 17 years of age or an offense involving family |
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violence, as defined by Section 71.004, Family Code; |
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(ii) the person has maintained steady |
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employment for at least one year; |
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(iii) the person has maintained a stable |
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residence for at least one year; and |
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(iv) the person has not previously been |
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charged with an offense after the person was released on parole or |
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to mandatory supervision; or |
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(B) [and |
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[(2) shall issue to the person a summons requiring the |
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person to appear for a hearing under Section 508.281 if the person: |
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[(A) is charged only with committing] an |
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administrative violation of release that is alleged to have been |
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committed after the first anniversary of the date the person was |
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released on parole or to mandatory supervision[; |
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[(B) is not serving a sentence for, and has not |
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been previously convicted of, an offense listed in or described by |
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Article 62.001(5), Code of Criminal Procedure; and |
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[(C) is not a releasee with respect to whom a |
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summons may not be issued under Subdivision (1)]. |
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(c-1) A warrant may not be issued for the return of a person |
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described by Subsection (c) unless the person has previously failed |
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to appear for a hearing in response to a summons issued under that |
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subsection. |
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(c-2) A summons issued under Subsection (c) must state the |
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time, date, place, and purpose of the hearing. |
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SECTION 2. This Act takes effect September 1, 2021. |