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A BILL TO BE ENTITLED
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AN ACT
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relating to the period for disposing of a charge that a person |
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violated a condition of release from the Texas Department of |
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Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 508.282(a), Government Code, is amended |
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to read as follows: |
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(a) Except as provided by Subsection (b), a parole panel, a |
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designee of the board, or the department shall dispose of the |
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charges against an inmate or person described by Section |
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508.281(a): |
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(1) before the 41st day after the date on which[: |
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[(A)] a warrant issued as provided by Section |
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508.251 is executed, if the inmate or person is arrested only on a |
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charge that the inmate or person has committed an administrative |
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violation of a condition of release[, and the inmate or person is |
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not charged before the 41st day with the commission of an offense |
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described by Section 508.2811(2)(B)]; or |
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(2) before the 91st day after the date on which a |
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warrant issued as provided by Section 508.251 is executed, if: |
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(A) the inmate or person allegedly committed an |
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offense after release; and |
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(B) an indictment, information, or complaint for |
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the offense has not been filed in court [the sheriff having custody |
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of an inmate or person alleged to have committed an offense after |
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release notifies the department that: |
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[(i) the inmate or person has discharged |
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the sentence for the offense; or |
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[(ii) the prosecution of the alleged offense |
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has been dismissed by the attorney representing the state in the |
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manner provided by Article 32.02, Code of Criminal Procedure; or |
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[(2) within a reasonable time after the date on which |
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the inmate or person is returned to the custody of the department, |
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if: |
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[(A) immediately before the return the inmate or |
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person was in custody in another state or in a federal correctional |
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system; or |
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[(B) the inmate or person is transferred to the |
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custody of the department under Section 508.284]. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who on or after the effective date of this Act is charged |
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with a violation of a condition of the person's release. A person |
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who was charged with a violation of a condition of release before |
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the effective date of this Act is governed by the law in effect on |
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the date the person was charged with the violation, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |