Texas 2009 - 81st Regular

Texas House Bill HB3976 Compare Versions

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

Old	New	Differences
1	1	81R11197 KCR-D
2	2	By: Hunter H.B. No. 3976
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to procedures for certain persons charged with certain new
8	8	offenses or an administrative violation of a condition of release
9	9	from the Texas Department of Criminal Justice on parole or to
10	10	mandatory supervision.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 508.254, Government Code, is amended by
13	13	amending Subsection (c) and adding Subsections (d), (e), (f), and
14	14	(g) to read as follows:
15	15	(c) Except as provided by Subsection (d), pending [Pending]
16	16	a hearing on a charge of parole violation, ineligible release, or
17	17	violation of a condition of mandatory supervision, a person
18	18	returned to custody shall remain confined.
19	19	(d) A magistrate of the county in which the person is held in
20	20	custody may release the person on bond pending the hearing if:
21	21	(1) the person is arrested or held in custody only on a
22	22	charge that the person:
23	23	(A) committed an administrative violation of
24	24	release; or
25	25	(B) violated a condition of release by committing
26	26	a new offense for which the person is eligible for release on bond,
27	27	other than:
28	28	(i) an offense listed in Section 3g(a)(1),
29	29	Article 42.12, or Article 62.001(5), Code of Criminal Procedure;
30	30	(ii) an offense under Title 5, Penal Code,
31	31	punishable as a felony; or
32	32	(iii) an offense punishable as a felony and
33	33	for which it is alleged that a deadly weapon, as defined by Section
34	34	1.07, Penal Code, was used or exhibited during the commission of the
35	35	offense or during immediate flight from the commission of the
36	36	offense;
37	37	(2) the person is not required to register as a sex
38	38	offender under Chapter 62, Code of Criminal Procedure, and has not
39	39	previously been convicted of:
40	40	(A) an offense listed in Section 3g(a)(1),
41	41	Article 42.12, Code of Criminal Procedure; or
42	42	(B) an offense for which the judgment contains an
43	43	affirmative finding under Section 3g(a)(2), Article 42.12, Code of
44	44	Criminal Procedure;
45	45	(3) the division, in accordance with Subsection (e),
46	46	included notice on the warrant for the person's arrest that the
47	47	person is eligible for release on bond; and
48	48	(4) the magistrate determines that the person is not a
49	49	threat to public safety.
50	50	(e) The division shall include a notice on the warrant for
51	51	the person's arrest indicating that the person is eligible for
52	52	release on bond under Subsection (d) if the division determines
53	53	that the person:
54	54	(1) is not an absconder; and
55	55	(2) is not a threat to public safety.
56	56	(f) The provisions of Chapters 17 and 22, Code of Criminal
57	57	Procedure, apply to a person released under Subsection (d) in the
58	58	same manner as those provisions apply to a person released pending
59	59	an appearance before a court or magistrate, except that the release
60	60	under Subsection (d) is conditioned on the person's appearance at a
61	61	hearing under this subchapter.
62	62	(g) A county that confines in the county jail an inmate or
63	63	person to whom Section 508.282(a)(1) applies is entitled to receive
64	64	compensation from the state for medical expenses and the costs of
65	65	confinement incurred during each day the inmate or person is
66	66	confined in the county jail after the date on which disposition of
67	67	the charges against the inmate or person is required under that
68	68	section. The county promptly shall inform the department that an
69	69	inmate or person described by this subsection is confined in the
70	70	jail. On the first day of each quarter of a county's fiscal year,
71	71	the county judge shall certify to the comptroller each inmate or
72	72	person confined and, for each inmate or person confined, the amount
73	73	of medical expenses and costs of confinement incurred during the
74	74	preceding fiscal quarter for which the county is entitled to
75	75	compensation under this subsection. The comptroller shall issue to
76	76	the commissioners court of the county a warrant in an amount
77	77	computed for the preceding fiscal quarter for all inmates or
78	78	persons confined.
79	79	SECTION 2. Section 508.282(a), Government Code, is amended
80	80	to read as follows:
81	81	(a) Except as provided by Subsection (b), a parole panel, a
82	82	designee of the board, or the department shall dispose of the
83	83	charges against an inmate or person described by Section
84	84	508.281(a):
85	85	(1) before the 14th [41st] day after the date on which:
86	86	(A) a warrant issued as provided by Section
87	87	508.251 is executed, if the inmate or person is arrested only on a
88	88	charge that the inmate or person has committed an administrative
89	89	violation of a condition of release, and the inmate or person is not
90	90	charged before the 14th [41st] day with the commission of an offense
91	91	described by Section 508.2811(2)(B); or
92	92	(B) the sheriff having custody of an inmate or
93	93	person alleged to have committed an offense after release notifies
94	94	the department that:
95	95	(i) the inmate or person has discharged the
96	96	sentence for the offense; or
97	97	(ii) the prosecution of the alleged offense
98	98	has been dismissed by the attorney representing the state in the
99	99	manner provided by Article 32.02, Code of Criminal Procedure; or
100	100	(2) within a reasonable time after the date on which
101	101	the inmate or person is returned to the custody of the department,
102	102	if:
103	103	(A) immediately before the return the inmate or
104	104	person was in custody in another state or in a federal correctional
105	105	system; or
106	106	(B) the inmate or person is transferred to the
107	107	custody of the department under Section 508.284.
108	108	SECTION 3. (a) The change in law made by this Act applies
109	109	only to a person who on or after the effective date of this Act is
110	110	charged with a violation of the person's release on parole or
111	111	mandatory supervision. A person who before the effective date of
112	112	this Act was charged with a violation of release is governed by the
113	113	law in effect when the violation was charged, and the former law is
114	114	continued in effect for that purpose.
115	115	(b) A county is entitled to compensation from the state
116	116	under Section 508.254(g), Government Code, as added by this Act,
117	117	only for the confinement of a person who on or after the effective
118	118	date of this Act is charged with a violation of release.
119	119	SECTION 4. This Act takes effect September 1, 2009.