Texas 2009 - 81st Regular

Texas House Bill HB3355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R8804 PEP-D
2	2	By: Laubenberg H.B. No. 3355
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to electronic monitoring as a required condition of
8	8	community supervision and parole for certain violent offenders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 42.12, Code of Criminal Procedure, is
11	11	amended by adding Section 13E to read as follows:
12	12	Sec. 13E. DEFENDANTS PLACED ON COMMUNITY SUPERVISION FOR
13	13	VIOLENT OFFENSES; ELECTRONIC MONITORING. If a judge grants
14	14	community supervision to a defendant charged with or convicted of
15	15	an offense listed in Section 3g(a)(1) or for which the judgment
16	16	contains an affirmative finding under Section 3g(a)(2), the judge
17	17	shall require the defendant as a condition of community supervision
18	18	for a period of not less than one year to:
19	19	(1) submit to tracking under an electronic monitoring
20	20	service, global positioning satellite service, or other
21	21	appropriate technological service designed to track a person's
22	22	location;
23	23	(2) refrain from tampering with, altering, modifying,
24	24	obstructing, or manipulating any equipment used by the service to
25	25	which the defendant is required to submit under Subdivision (1);
26	26	and
27	27	(3) unless the judge determines the defendant is
28	28	indigent, pay periodically to the community supervision and
29	29	corrections department supervising the defendant a fee in an amount
30	30	equal to the cost the department incurs during each period in
31	31	tracking the person under Subdivision (1).
32	32	SECTION 2. Subchapter F, Chapter 508, Government Code, is
33	33	amended by adding Section 508.192 to read as follows:
34	34	Sec. 508.192. ELECTRONIC MONITORING FOR CERTAIN RELEASEES.
35	35	A parole panel shall require as a condition of parole that a
36	36	releasee whose eligibility for parole is governed by Section
37	37	508.145, for a period of not less than one year:
38	38	(1) submit to tracking under an electronic monitoring
39	39	service, global positioning satellite service, or other
40	40	appropriate technological service designed to track a person's
41	41	location;
42	42	(2) refrain from tampering with, altering, modifying,
43	43	obstructing, or manipulating any equipment used by the service to
44	44	which the releasee is required to submit under Subdivision (1); and
45	45	(3) unless the parole panel determines the releasee is
46	46	indigent, pay periodically to the department an amount equal to the
47	47	cost the department incurs during each period in tracking the
48	48	releasee under Subdivision (1).
49	49	SECTION 3. The changes in law made by this Act in adding
50	50	Section 13E, Article 42.12, Code of Criminal Procedure, and Section
51	51	508.192, Government Code, apply only to a person who is placed on
52	52	community supervision or released on parole for an offense
53	53	committed on or after the effective date of this Act. A person who
54	54	is placed on community supervision or released on parole for an
55	55	offense committed before the effective date of this Act is governed
56	56	by the law in effect when the offense was committed, and the former
57	57	law is continued in effect for that purpose. For purposes of this
58	58	section, an offense was committed before the effective date of this
59	59	Act if any element of the offense was committed before that date.
60	60	SECTION 4. This Act takes effect September 1, 2009.