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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(c), Government Code, is amended |
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to read as follows: |
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(c) Instead of the issuance of a warrant under this section, |
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the division: |
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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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(A) is not a releasee who is: |
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(i) on intensive supervision or |
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superintensive supervision; |
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(ii) an absconder; or |
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(iii) determined by the division to be a |
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threat to public safety; or |
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(B) is charged only with committing a new offense |
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that is alleged to have been committed after the first anniversary |
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of the date the person was released on parole or to mandatory |
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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; 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: |
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(i) a new offense for which the person has |
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been released on bond; or |
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(ii) an administrative violation of release |
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that is alleged to have been committed after the first anniversary |
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of the date the person was released on parole or to mandatory |
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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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SECTION 2. This Act takes effect September 1, 2021. |