81R8804 PEP-D
By: Laubenberg H.B. No. 3355
A BILL TO BE ENTITLED
AN ACT
relating to electronic monitoring as a required condition of
community supervision and parole for certain violent offenders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42.12, Code of Criminal Procedure, is
amended by adding Section 13E to read as follows:
Sec. 13E. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
VIOLENT OFFENSES; ELECTRONIC MONITORING. If a judge grants
community supervision to a defendant charged with or convicted of
an offense listed in Section 3g(a)(1) or for which the judgment
contains an affirmative finding under Section 3g(a)(2), the judge
shall require the defendant as a condition of community supervision
for a period of not less than one year to:
(1) submit to tracking under an electronic monitoring
service, global positioning satellite service, or other
appropriate technological service designed to track a person's
location;
(2) refrain from tampering with, altering, modifying,
obstructing, or manipulating any equipment used by the service to
which the defendant is required to submit under Subdivision (1);
and
(3) unless the judge determines the defendant is
indigent, pay periodically to the community supervision and
corrections department supervising the defendant a fee in an amount
equal to the cost the department incurs during each period in
tracking the person under Subdivision (1).
SECTION 2. Subchapter F, Chapter 508, Government Code, is
amended by adding Section 508.192 to read as follows:
Sec. 508.192. ELECTRONIC MONITORING FOR CERTAIN RELEASEES.
A parole panel shall require as a condition of parole that a
releasee whose eligibility for parole is governed by Section
508.145, for a period of not less than one year:
(1) submit to tracking under an electronic monitoring
service, global positioning satellite service, or other
appropriate technological service designed to track a person's
location;
(2) refrain from tampering with, altering, modifying,
obstructing, or manipulating any equipment used by the service to
which the releasee is required to submit under Subdivision (1); and
(3) unless the parole panel determines the releasee is
indigent, pay periodically to the department an amount equal to the
cost the department incurs during each period in tracking the
releasee under Subdivision (1).
SECTION 3. The changes in law made by this Act in adding
Section 13E, Article 42.12, Code of Criminal Procedure, and Section
508.192, Government Code, apply only to a person who is placed on
community supervision or released on parole for an offense
committed on or after the effective date of this Act. A person who
is placed on community supervision or released on parole for an
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 4. This Act takes effect September 1, 2009.