88R9579 MCF-D
 
  By: Anchía H.B. No. 3549
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to creating the criminal offense of tampering with an
  electronic monitoring device and to certain consequences on
  conviction of that offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 38, Penal Code, is amended by adding
  Section 38.112 to read as follows:
         Sec. 38.112.  TAMPERING WITH ELECTRONIC MONITORING DEVICE.
  (a) A person who is required to submit to electronic monitoring of
  the person's location as a condition of release on parole or to
  mandatory supervision commits an offense if the person knowingly
  removes or disables or attempts to remove or disable a tracking
  device that the person is required to wear to enable the electronic
  monitoring of the person's location.
         (b)  An offense under this section is a state jail felony.
         SECTION 2.  Article 42.08, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)  A judge sentencing a defendant convicted of an offense
  under Section 38.112, Penal Code, shall order the sentence for the
  offense to commence immediately on completion of the sentence for
  the offense for which the defendant was released on parole or to
  mandatory supervision.  The judge shall, on pronouncing the
  sentence, order the defendant transferred to the custody of the
  Texas Department of Criminal Justice for purposes of serving the
  applicable sentences consecutively if the defendant has not been
  taken into custody by the department following the automatic
  revocation of the defendant's parole or mandatory supervision under
  Section 508.285, Government Code. 
         SECTION 3.  Subchapter I, Chapter 508, Government Code, is
  amended by adding Section 508.285 to read as follows:
         Sec. 508.285.  AUTOMATIC REVOCATION ON CONVICTION OF
  TAMPERING WITH ELECTRONIC MONITORING DEVICE.  Notwithstanding any
  other law, on a releasee's conviction of an offense under Section
  38.112, Penal Code, the releasee's parole or mandatory supervision
  is automatically revoked and the sentence for which the releasee
  was on parole or mandatory supervision may not be considered to have
  ceased to operate for purposes of Article 42.08, Code of Criminal
  Procedure.
         SECTION 4.  This Act takes effect September 1, 2023.