BILL ANALYSIS

H.B. 3547

By: Anchía

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

On October 22, 2022, two health care workers were killed at Methodist Dallas Medical Center by a violent offender who was on parole for aggravated robbery. The hospital was not notified by the parole officer that the offender, who had violated his parole conditions previously, would be visiting the hospital. Hospitals have expressed that they find it imperative to be notified before a violent offender visits their premises. H.B. 3547, the Pokuaa-Flowers Act, seeks to protect hospital staff and patients by requiring approval of certain hospital visits for a person released on parole or mandatory supervision and providing for disciplinary procedures of a parole officer who fails to comply with certain notification requirements.

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. 3547 amends the Government Code to set out provisions requiring approval of certain hospital visits with respect to a releasee who is:

· serving a sentence for a felony offense ineligible for judge-ordered community supervision or for a felony offense in which the judgment contains an affirmative finding regarding the use or exhibition of a deadly weapon, including a firearm; and

· required to submit to electronic monitoring as a condition of release on parole or to mandatory supervision.  

The bill requires a parole panel to prohibit such a releasee from visiting a hospital for a purpose other than to receive emergency medical care as an additional condition of release unless the parole officer supervising the releasee approves the releasee's request to visit the hospital before the visit.

H.B. 3547 requires a releasee's request to visit a hospital to specify the date and time of the intended visit and the reason for the visit. The bill requires a parole officer who approves such a visit to promptly notify the chief law enforcement officer for the hospital, or a local law enforcement agency if the hospital does not employ any peace officers, of the date and time of the releasee's intended visit. If the pardons and paroles division of the Texas Department of Criminal Justice finds that a parole officer intentionally failed to comply with this requirement, the division must begin disciplinary procedures against the officer. The bill establishes that a hospital is not liable to a patient or another person for damages resulting from a visit by an applicable releasee.

H.B. 3547 applies only to a person who is released on parole or to mandatory supervision on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.