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