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  S.B. No. 1004
 
 
 
 
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 part of an electronic monitoring program
  under Article 42.035, Code of Criminal Procedure, or as a condition
  of community supervision, parole, mandatory supervision, or
  release on bail commits an offense if the person knowingly removes
  or disables, or causes or conspires or cooperates with another
  person 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,
  except that the offense is a felony of the third degree if the
  person is in the super-intensive supervision program described by
  Section 508.317(d), Government Code.
         (c)  This section does not apply to the removal or disabling
  of a tracking device by a health care provider, as defined by
  Section 161.201, Health and Safety Code, due to medical necessity.
         SECTION 2.  Article 42.08, Code of Criminal Procedure, is
  amended by adding Subsection (b-1) to read as follows:
         (b-1)(1)  A judge sentencing a defendant convicted of an
  offense under Section 38.112, Penal Code, committed while on parole
  or mandatory supervision may order the sentence for the offense to:
                     (A)  run concurrently with the sentence for the
  offense for which the defendant was released on parole or to
  mandatory supervision; or
                     (B)  if the defendant's parole or mandatory
  supervision has been revoked, commence immediately on completion of
  the sentence for the offense for which the defendant was released on
  parole or to mandatory supervision.
               (2)  A judge who orders a sentence to be imposed
  consecutively in the manner described by Subdivision (1)(B) 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 as described by that
  subdivision if the defendant has not been taken into custody by the
  department following the revocation of the defendant's parole or
  mandatory supervision.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1004 passed the Senate on
  March 20, 2023, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1004 passed the House on
  May 2, 2023, by the following vote:  Yeas 142, Nays 2, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor