82R8269 KCR-D
By: Perry H.B. No. 1940
A BILL TO BE ENTITLED
AN ACT
relating to the requirement of a preliminary hearing for certain
persons released from the Texas Department of Criminal Justice who
are alleged to have violated a condition of release.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.2811, Government Code, is amended to
read as follows:
Sec. 508.2811. PRELIMINARY HEARING. A parole panel or a
designee of the board shall provide within a reasonable time to an
inmate or person described by Section 508.281(a) a preliminary
hearing to determine whether probable cause or reasonable grounds
exist to believe that the inmate or person has committed an act that
would constitute a violation of a condition of release, unless the
inmate or person:
(1) waives the preliminary hearing; or
(2) after release:
(A) has been charged only with an administrative
violation of a condition of release;
(B) has been charged with an offense that was
committed after release and for which a magistrate has made a
finding of probable cause; or
(C) [(B)] has been adjudicated guilty of or has
pleaded guilty or nolo contendere to an offense committed after
release, other than an offense punishable by fine only involving
the operation of a motor vehicle, regardless of whether the court
has deferred disposition of the case, imposed a sentence in the
case, or placed the inmate or person on community supervision.
SECTION 2. Section 508.282(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a parole panel, a
designee of the board, or the department shall dispose of the
charges against an inmate or person described by Section
508.281(a):
(1) before the 41st day after the date on which:
(A) a warrant issued as provided by Section
508.251 is executed, if the inmate or person is arrested only on a
charge that the inmate or person has committed an administrative
violation of a condition of release, and the inmate or person is not
charged before the 41st day with the commission of an offense
described by Section 508.2811(2)(B) or (C); or
(B) the sheriff having custody of an inmate or
person alleged to have committed an offense after release notifies
the department that:
(i) the inmate or person has discharged the
sentence for the offense; or
(ii) the prosecution of the alleged offense
has been dismissed by the attorney representing the state in the
manner provided by Article 32.02, Code of Criminal Procedure; or
(2) within a reasonable time after the date on which
the inmate or person is returned to the custody of the department,
if:
(A) immediately before the return the inmate or
person was in custody in another state or in a federal correctional
system; or
(B) the inmate or person is transferred to the
custody of the department under Section 508.284.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.