| 1 | 1 | | By: Madden (Senate Sponsor - Hinojosa) H.B. No. 2735 |
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| 2 | 2 | | (In the Senate - Received from the House May 5, 2011; |
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| 3 | 3 | | May 9, 2011, read first time and referred to Committee on Criminal |
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| 4 | 4 | | Justice; May 19, 2011, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 5, Nays 2; May 19, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to procedures for certain persons charged with an |
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| 11 | 11 | | administrative violation of a condition of release from the Texas |
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| 12 | 12 | | Department of Criminal Justice on parole or to mandatory |
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| 13 | 13 | | supervision. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Section 508.251, Government Code, is amended by |
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| 16 | 16 | | amending Subsection (c) and adding Subsection (c-1) to read as |
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| 17 | 17 | | follows: |
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| 18 | 18 | | (c) Instead of the issuance of a warrant under this section, |
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| 19 | 19 | | the division: |
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| 20 | 20 | | (1) may issue to the person a summons requiring the |
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| 21 | 21 | | person to appear for a hearing under Section 508.281 if [unless] the |
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| 22 | 22 | | person is not a releasee who is: |
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| 23 | 23 | | (A) on intensive supervision or superintensive |
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| 24 | 24 | | supervision; |
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| 25 | 25 | | (B) [, who is] an absconder; or |
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| 26 | 26 | | (C) [, or who is] determined by the division to be |
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| 27 | 27 | | a threat to public safety; and |
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| 28 | 28 | | (2) shall issue to the person a summons requiring the |
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| 29 | 29 | | person to appear for a hearing under Section 508.281 if the person: |
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| 30 | 30 | | (A) is charged only with committing an |
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| 31 | 31 | | administrative violation of release that is alleged to have been |
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| 32 | 32 | | committed after the third anniversary of the date the person was |
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| 33 | 33 | | released on parole or to mandatory supervision; |
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| 34 | 34 | | (B) is not serving a sentence for, and has not |
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| 35 | 35 | | been previously convicted of, an offense listed in or described by |
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| 36 | 36 | | Article 62.001(5), Code of Criminal Procedure; and |
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| 37 | 37 | | (C) is not a releasee with respect to whom a |
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| 38 | 38 | | summons may not be issued under Subdivision (1). |
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| 39 | 39 | | (c-1) A [The] summons issued under Subsection (c) must state |
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| 40 | 40 | | the time, date, place, and purpose of the hearing. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a person who on or after the effective date of this Act is charged |
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| 43 | 43 | | with a violation of the terms of the person's release on parole or |
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| 44 | 44 | | to mandatory supervision. A person who before the effective date of |
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| 45 | 45 | | this Act was charged with a violation of the terms of the person's |
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| 46 | 46 | | release is governed by the law in effect when the violation was |
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| 47 | 47 | | charged, and the former law is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 49 | 49 | | * * * * * |
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