| 1 | 1 | | 81R23614 HLT-F |
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| 2 | 2 | | By: Gonzalez Toureilles, Martinez Fischer, H.B. No. 1335 |
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| 3 | 3 | | McCall, Pea, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 1335: |
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| 5 | 5 | | By: McReynolds C.S.H.B. No. 1335 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to procedures for certain persons charged with certain new |
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| 11 | 11 | | offenses or an administrative violation of a condition of release |
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| 12 | 12 | | from the Texas Department of Criminal Justice on parole or to |
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| 13 | 13 | | mandatory supervision. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 508.254, Government Code, is amended by |
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| 16 | 16 | | amending Subsection (c) and adding Subsections (d), (e), (f), and |
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| 17 | 17 | | (g) to read as follows: |
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| 18 | 18 | | (c) Except as provided by Subsection (d), pending [Pending] |
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| 19 | 19 | | a hearing on a charge of parole violation, ineligible release, or |
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| 20 | 20 | | violation of a condition of mandatory supervision, a person |
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| 21 | 21 | | returned to custody shall remain confined. |
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| 22 | 22 | | (d) A magistrate of the county in which the person is held in |
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| 23 | 23 | | custody may release the person on bond pending the hearing if: |
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| 24 | 24 | | (1) the person is arrested or held in custody only on a |
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| 25 | 25 | | charge that the person: |
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| 26 | 26 | | (A) committed an administrative violation of |
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| 27 | 27 | | release; or |
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| 28 | 28 | | (B) violated a condition of release by committing |
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| 29 | 29 | | a new offense for which the person is eligible for release on bond, |
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| 30 | 30 | | other than: |
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| 31 | 31 | | (i) an offense punishable as a felony; |
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| 32 | 32 | | (ii) an offense under Title 5 or Chapter 49, |
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| 33 | 33 | | Penal Code, punishable as a Class B or Class A misdemeanor; or |
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| 34 | 34 | | (iii) an offense involving family violence, |
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| 35 | 35 | | as defined by Section 71.004, Family Code; |
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| 36 | 36 | | (2) the division, in accordance with Subsection (e), |
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| 37 | 37 | | included notice on the warrant for the person's arrest that the |
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| 38 | 38 | | person is eligible for release on bond; and |
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| 39 | 39 | | (3) the magistrate determines that the person is not a |
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| 40 | 40 | | threat to public safety. |
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| 41 | 41 | | (e) The division shall include a notice on the warrant for |
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| 42 | 42 | | the person's arrest indicating that the person is eligible for |
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| 43 | 43 | | release on bond under Subsection (d) if the division determines |
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| 44 | 44 | | that the person: |
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| 45 | 45 | | (1) has not been previously convicted of: |
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| 46 | 46 | | (A) an offense under Chapter 29, Penal Code; |
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| 47 | 47 | | (B) an offense under Title 5, Penal Code, |
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| 48 | 48 | | punishable as a felony; or |
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| 49 | 49 | | (C) an offense involving family violence, as |
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| 50 | 50 | | defined by Section 71.004, Family Code; |
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| 51 | 51 | | (2) is not on intensive supervision or super-intensive |
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| 52 | 52 | | supervision; |
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| 53 | 53 | | (3) is not an absconder; and |
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| 54 | 54 | | (4) is not a threat to public safety. |
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| 55 | 55 | | (f) The provisions of Chapter 17, Code of Criminal |
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| 56 | 56 | | Procedure, apply to a person released under Subsection (d) in the |
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| 57 | 57 | | same manner as those provisions apply to a person released pending |
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| 58 | 58 | | an appearance before a court or magistrate, except that the release |
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| 59 | 59 | | under Subsection (d) is conditioned on the person's appearance at a |
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| 60 | 60 | | hearing under this subchapter. |
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| 61 | 61 | | (g) If a person released under Subsection (d) fails to |
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| 62 | 62 | | appear at a hearing, the division shall file with the magistrate who |
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| 63 | 63 | | released the person on bond a sworn written notice of |
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| 64 | 64 | | nonappearance. On the filing of the notice, the magistrate may |
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| 65 | 65 | | forfeit the person's bond and enter a final judgment of forfeiture |
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| 66 | 66 | | in the same manner and to the same extent as a court or magistrate |
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| 67 | 67 | | may forfeit a bond under Chapter 22, Code of Criminal Procedure. |
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| 68 | 68 | | SECTION 2. The change in law made by this Act applies only |
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| 69 | 69 | | to a person who on or after the effective date of this Act is charged |
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| 70 | 70 | | with a violation of the person's release on parole or to mandatory |
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| 71 | 71 | | supervision. A person who before the effective date of this Act was |
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| 72 | 72 | | charged with a violation of release is governed by the law in effect |
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| 73 | 73 | | when the violation was charged, and the former law is continued in |
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| 74 | 74 | | effect for that purpose. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2009. |
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