Texas 2023 - 88th Regular

Texas House Bill HB3547

Filed
3/6/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.

Impact

The passage of HB3547 could significantly alter state laws relating to parolee supervision and hospital policies regarding visits from high-risk individuals. By mandating notification and supervision, the bill seeks to diminish risks associated with violent offenders' visits and increase hospital accountability in such instances. In terms of legal implications, hospitals would be shielded from liability during these visits, promoting a sense of security among healthcare providers. This also introduces a structured process for managing hospital visits by individuals who present a risk to public safety, further allowing law enforcement coordination with healthcare facilities.

Summary

House Bill 3547, also known as the Pokuaa-Flowers Act, aims to enhance safety protocols in hospitals by requiring parole officers to notify hospitals of the visits by violent offenders on parole. The bill addresses a notable incident that occurred on October 22, 2022, when a convicted felon, monitored by an ankle device, was permitted to visit a hospital, leading to tragic consequences. This legislation stipulates that any non-emergency visit by a violent offender must receive prior approval from the parole officer overseeing the case, with notifications sent to the chief law enforcement officer at the hospital. The intention is to create a safer environment for patients and healthcare workers by ensuring they are aware of the presence of violent offenders in their facilities.

Sentiment

The sentiment surrounding HB3547 appears to be largely supportive, particularly among healthcare administrators and law enforcement officials who advocate for enhanced safety measures. Many stakeholders express concerns about the risks associated with violent offenders in hospitals and believe this bill could provide necessary protection for both patients and staff. However, there are potential sentiments of contention regarding its implications for parolee freedoms, where some might argue that it could infringe upon the rights of those attempting to reintegrate into society. Overall, the positive view emphasizes the necessity of safety in healthcare environments while navigating the tensions of rehabilitation and community safety.

Contention

There are notable points of contention regarding the bill. Critics may raise concerns about the balance between public safety and the rights of recently released individuals. The requirement for prior approval for hospital visits may be seen as overly restrictive by some advocates for criminal justice reform, who believe it could hinder the reintegration of offenders into society. Moreover, questions about the practical implementation and the potential for miscommunication during scheduling may arise. This bill, particularly its provisions on notification and hospital attorney liabilities, has the potential to foster debates over the roles of parole officers, healthcare facilities, and law enforcement in community safety and justice.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 508. Parole And Mandatory Supervision
    • Section: New Section
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 42. Judgment And Sentence
    • Section: New Section
    • Section: New Section

Companion Bills

TX SB2127

Identical Relating to the required approval of certain hospital visits as a condition of release on parole or to mandatory supervision for certain releasees and to the hospital's liability for damages resulting from those visits.

Similar Bills

No similar bills found.