By: Corte H.B. No. 4129
A BILL TO BE ENTITLED
AN ACT
relating to the computation of the portion of a person's sentence
remaining after the revocation of the person's parole, mandatory
supervision, or conditional pardon.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 508.283(b), (c), and (d), Government
Code, are amended to read as follows:
(b) If the parole, mandatory supervision, or conditional
pardon of a person charged only with an administrative violation of
a condition of release [described by Section 508.149(a)] is
revoked, the person may be required to serve the remaining portion
of the sentence on which the person was released. The remaining
portion is computed:
(1) with [without] credit for the amount of time from
the date of the person's release to the date of issuance of the
warrant or citation; and
(2) without credit for the amount of time from the date
of issuance of the warrant or citation to the date of revocation.
(c) If the parole, mandatory supervision, or conditional
pardon of a person other than a person described by Subsection (b)
[Section 508.149(a)] is revoked, the person may be required to
serve the remaining portion of the sentence on which the person was
released. The [For a person who on the date of issuance of a warrant
or summons initiating the revocation process is subject to a
sentence the remaining portion of which is greater than the amount
of time from the date of the person's release to the date of
issuance of the warrant or summons, the] remaining portion is
computed [to be served] without credit for the time from the date of
the person's release to the date of revocation. [For a person who
on the date of issuance of the warrant or summons is subject to a
sentence the remaining portion of which is less than the amount of
time from the date of the person's release to the date of issuance
of the warrant or summons, the remaining portion is to be served
without credit for an amount of time equal to the remaining portion
of the sentence on the date of issuance of the warrant or citation].
(d) If a warrant is issued charging a violation of a release
condition or a summons is issued for a hearing under Section
508.281, the sentence time credit may be suspended until a
determination is made in the case. The suspended time credit shall
[may] be reinstated if the parole, mandatory supervision, or
conditional pardon is continued.
SECTION 2. Section 508.283, Government Code, as amended by
this Act, applies to the calculation of the remaining sentence for
an inmate whose parole, mandatory supervision, or conditional
pardon is revoked on or after September 1, 2009, regardless of when
the person was released on parole, to mandatory supervision, or on
conditional pardon.
SECTION 3. This Act takes effect September 1, 2009.