| 1 | 1 | | 81R6880 KCR-D |
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| 2 | 2 | | By: Martinez Fischer H.B. No. 2760 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to electronic monitoring as a condition of community |
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| 8 | 8 | | supervision and parole for certain sex offenders. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42.12, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Section 13E to read as follows: |
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| 12 | 12 | | Sec. 13E. ELECTRONIC MONITORING FOR CERTAIN SEX OFFENDERS. |
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| 13 | 13 | | (a) If a judge grants community supervision to a defendant required |
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| 14 | 14 | | to register as a sex offender under Chapter 62, the judge shall |
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| 15 | 15 | | require the defendant as a condition of community supervision to: |
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| 16 | 16 | | (1) submit to tracking under an electronic monitoring |
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| 17 | 17 | | service, global positioning satellite service, or other |
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| 18 | 18 | | appropriate technological service designed to track a person's |
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| 19 | 19 | | location; |
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| 20 | 20 | | (2) refrain from tampering with, altering, modifying, |
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| 21 | 21 | | obstructing, or manipulating any equipment used by the service to |
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| 22 | 22 | | which the defendant is required to submit under Subdivision (1); |
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| 23 | 23 | | and |
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| 24 | 24 | | (3) unless the judge determines the defendant is |
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| 25 | 25 | | indigent, pay periodically to the community supervision and |
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| 26 | 26 | | corrections department supervising the defendant a fee in an amount |
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| 27 | 27 | | equal to the cost the department incurs during each period in |
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| 28 | 28 | | tracking the person under Subdivision (1). |
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| 29 | 29 | | (b) A tracking service to which a defendant is required to |
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| 30 | 30 | | submit under Subsection (a) must: |
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| 31 | 31 | | (1) track the defendant's location in real time; |
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| 32 | 32 | | (2) be able to provide a real-time report of the |
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| 33 | 33 | | defendant's location to the community supervision and corrections |
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| 34 | 34 | | department officer supervising the defendant; and |
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| 35 | 35 | | (3) provide a cumulative report of the defendant's |
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| 36 | 36 | | locations during a specified period of time to the community |
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| 37 | 37 | | supervision and corrections department officer supervising the |
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| 38 | 38 | | defendant. |
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| 39 | 39 | | SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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| 40 | 40 | | amended by adding Section 508.1865 to read as follows: |
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| 41 | 41 | | Sec. 508.1865. ELECTRONIC MONITORING FOR CERTAIN SEX |
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| 42 | 42 | | OFFENDERS. (a) A parole panel shall require as a condition of |
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| 43 | 43 | | parole or mandatory supervision that a releasee required to |
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| 44 | 44 | | register as a sex offender under Chapter 62, Code of Criminal |
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| 45 | 45 | | Procedure: |
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| 46 | 46 | | (1) submit to tracking under an electronic monitoring |
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| 47 | 47 | | service, global positioning satellite service, or other |
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| 48 | 48 | | appropriate technological service designed to track a person's |
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| 49 | 49 | | location; |
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| 50 | 50 | | (2) refrain from tampering with, altering, modifying, |
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| 51 | 51 | | obstructing, or manipulating any equipment used by the service to |
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| 52 | 52 | | which the releasee is required to submit under Subdivision (1); and |
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| 53 | 53 | | (3) unless the parole panel determines the releasee is |
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| 54 | 54 | | indigent, pay periodically to the department an amount equal to the |
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| 55 | 55 | | cost the department incurs during each period in tracking the |
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| 56 | 56 | | releasee under Subdivision (1). |
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| 57 | 57 | | (b) A tracking service to which a releasee is required to |
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| 58 | 58 | | submit under Subsection (a) must: |
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| 59 | 59 | | (1) track the releasee's location in real time; |
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| 60 | 60 | | (2) be able to provide a real-time report of the |
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| 61 | 61 | | releasee's location to the parole officer supervising the releasee; |
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| 62 | 62 | | and |
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| 63 | 63 | | (3) provide a cumulative report of the releasee's |
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| 64 | 64 | | locations during a specified period of time to the parole officer |
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| 65 | 65 | | supervising the releasee. |
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| 66 | 66 | | SECTION 3. The changes in law made by this Act in adding |
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| 67 | 67 | | Section 13E, Article 42.12, Code of Criminal Procedure, and |
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| 68 | 68 | | Section 508.1865, Government Code, apply only to a person who is |
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| 69 | 69 | | placed on community supervision or released on parole or to |
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| 70 | 70 | | mandatory supervision for an offense committed on or after |
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| 71 | 71 | | September 1, 2009. A person who is placed on community supervision |
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| 72 | 72 | | or released on parole or to mandatory supervision for an offense |
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| 73 | 73 | | committed before September 1, 2009, is governed by the law in effect |
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| 74 | 74 | | at the time the offense was committed, and the former law is |
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| 75 | 75 | | continued in effect for that purpose. For purposes of this section, |
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| 76 | 76 | | an offense was committed before September 1, 2009, if any element of |
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| 77 | 77 | | the offense was committed before that date. |
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| 78 | 78 | | SECTION 4. This Act takes effect September 1, 2009. |
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