BILL ANALYSIS

H.B. 948

By: Dutton

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

When released on parole from a Texas prison, an individual must comply with certain conditions until they successfully complete parole. One such condition is that the parolee avoid new criminal charges while on parole. If a new criminal charge is levelled against a parolee, a blue warrant is issued and the parolee may be arrested for violating a condition of parole. In many instances, a court may set bond on the new charge but the parolee remains in custody because a bond has not been set for the alleged parole violation arising out of the new charge. H.B. 948 seeks to remedy this situation by requiring a magistrate to release a parolee who is charged with violating a condition of release for committing a new offense if the person has been released on bond for the new offense.

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

H.B. 948 amends the Government Code to require a magistrate of the county in which a person is held in custody to release the person on personal bond pending the hearing under the following conditions:

· the person is arrested or held in custody on a charge of violating a condition of release on parole or to mandatory supervision by committing a new offense; and

· the person has been released on bond for that offense.

The bill applies only to a person who is arrested on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.