81R23614 HLT-F
By: Gonzalez Toureilles, Martinez Fischer, H.B. No. 1335
McCall, Pea, et al.
Substitute the following for H.B. No. 1335:
By: McReynolds C.S.H.B. No. 1335
A BILL TO BE ENTITLED
AN ACT
relating to procedures for certain persons charged with certain new
offenses or an administrative violation of a condition of release
from the Texas Department of Criminal Justice on parole or to
mandatory supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.254, Government Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), (f), and
(g) to read as follows:
(c) Except as provided by Subsection (d), pending [Pending]
a hearing on a charge of parole violation, ineligible release, or
violation of a condition of mandatory supervision, a person
returned to custody shall remain confined.
(d) A magistrate of the county in which the person is held in
custody may release the person on bond pending the hearing if:
(1) the person is arrested or held in custody only on a
charge that the person:
(A) committed an administrative violation of
release; or
(B) violated a condition of release by committing
a new offense for which the person is eligible for release on bond,
other than:
(i) an offense punishable as a felony;
(ii) an offense under Title 5 or Chapter 49,
Penal Code, punishable as a Class B or Class A misdemeanor; or
(iii) an offense involving family violence,
as defined by Section 71.004, Family Code;
(2) the division, in accordance with Subsection (e),
included notice on the warrant for the person's arrest that the
person is eligible for release on bond; and
(3) the magistrate determines that the person is not a
threat to public safety.
(e) The division shall include a notice on the warrant for
the person's arrest indicating that the person is eligible for
release on bond under Subsection (d) if the division determines
that the person:
(1) has not been previously convicted of:
(A) an offense under Chapter 29, Penal Code;
(B) an offense under Title 5, Penal Code,
punishable as a felony; or
(C) an offense involving family violence, as
defined by Section 71.004, Family Code;
(2) is not on intensive supervision or super-intensive
supervision;
(3) is not an absconder; and
(4) is not a threat to public safety.
(f) The provisions of Chapter 17, Code of Criminal
Procedure, apply to a person released under Subsection (d) in the
same manner as those provisions apply to a person released pending
an appearance before a court or magistrate, except that the release
under Subsection (d) is conditioned on the person's appearance at a
hearing under this subchapter.
(g) If a person released under Subsection (d) fails to
appear at a hearing, the division shall file with the magistrate who
released the person on bond a sworn written notice of
nonappearance. On the filing of the notice, the magistrate may
forfeit the person's bond and enter a final judgment of forfeiture
in the same manner and to the same extent as a court or magistrate
may forfeit a bond under Chapter 22, Code of Criminal Procedure.
SECTION 2. The change in law made by this Act applies only
to a person who on or after the effective date of this Act is charged
with a violation of the person's release on parole or to mandatory
supervision. A person who before the effective date of this Act was
charged with a violation of release is governed by the law in effect
when the violation was charged, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.