| 1 | 1 | | 81R10720 PEP-D |
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| 2 | 2 | | By: Madden H.B. No. 3227 |
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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 the requirement of a preliminary hearing for certain |
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| 8 | 8 | | persons released from the Texas Department of Criminal Justice who |
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| 9 | 9 | | are alleged to have violated a condition of release. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 508.2811, Government Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 508.2811. PRELIMINARY HEARING. A parole panel or a |
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| 14 | 14 | | designee of the board shall provide within a reasonable time to an |
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| 15 | 15 | | inmate or person described by Section 508.281(a) a preliminary |
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| 16 | 16 | | hearing to determine whether probable cause or reasonable grounds |
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| 17 | 17 | | exist to believe that the inmate or person has committed an act that |
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| 18 | 18 | | would constitute a violation of a condition of release, unless the |
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| 19 | 19 | | inmate or person: |
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| 20 | 20 | | (1) waives the preliminary hearing; or |
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| 21 | 21 | | (2) after release: |
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| 22 | 22 | | (A) has been charged only with an administrative |
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| 23 | 23 | | violation of a condition of release; |
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| 24 | 24 | | (B) has been charged with an offense that was |
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| 25 | 25 | | committed after release and for which a magistrate has made a |
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| 26 | 26 | | finding of probable cause; or |
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| 27 | 27 | | (C) [(B)] has been adjudicated guilty of or has |
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| 28 | 28 | | pleaded guilty or nolo contendere to an offense committed after |
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| 29 | 29 | | release, other than an offense punishable by fine only involving |
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| 30 | 30 | | the operation of a motor vehicle, regardless of whether the court |
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| 31 | 31 | | has deferred disposition of the case, imposed a sentence in the |
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| 32 | 32 | | case, or placed the inmate or person on community supervision. |
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| 33 | 33 | | SECTION 2. Section 508.282(a), Government Code, is amended |
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| 34 | 34 | | to read as follows: |
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| 35 | 35 | | (a) Except as provided by Subsection (b), a parole panel, a |
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| 36 | 36 | | designee of the board, or the department shall dispose of the |
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| 37 | 37 | | charges against an inmate or person described by Section |
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| 38 | 38 | | 508.281(a): |
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| 39 | 39 | | (1) before the 41st day after the date on which: |
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| 40 | 40 | | (A) a warrant issued as provided by Section |
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| 41 | 41 | | 508.251 is executed, if the inmate or person is arrested only on a |
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| 42 | 42 | | charge that the inmate or person has committed an administrative |
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| 43 | 43 | | violation of a condition of release, and the inmate or person is not |
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| 44 | 44 | | charged before the 41st day with the commission of an offense |
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| 45 | 45 | | described by Section 508.2811(2)(C) [508.2811(2)(B)]; or |
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| 46 | 46 | | (B) the sheriff having custody of an inmate or |
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| 47 | 47 | | person alleged to have committed an offense after release notifies |
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| 48 | 48 | | the department that: |
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| 49 | 49 | | (i) the inmate or person has discharged the |
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| 50 | 50 | | sentence for the offense; or |
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| 51 | 51 | | (ii) the prosecution of the alleged offense |
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| 52 | 52 | | has been dismissed by the attorney representing the state in the |
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| 53 | 53 | | manner provided by Article 32.02, Code of Criminal Procedure; or |
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| 54 | 54 | | (2) within a reasonable time after the date on which |
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| 55 | 55 | | the inmate or person is returned to the custody of the department, |
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| 56 | 56 | | if: |
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| 57 | 57 | | (A) immediately before the return the inmate or |
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| 58 | 58 | | person was in custody in another state or in a federal correctional |
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| 59 | 59 | | system; or |
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| 60 | 60 | | (B) the inmate or person is transferred to the |
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| 61 | 61 | | custody of the department under Section 508.284. |
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| 62 | 62 | | SECTION 3. This Act takes effect immediately if it receives |
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| 63 | 63 | | a vote of two-thirds of all the members elected to each house, as |
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| 64 | 64 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 65 | 65 | | Act does not receive the vote necessary for immediate effect, this |
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| 66 | 66 | | Act takes effect September 1, 2009. |
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