| 1 | 1 | | 82R23211 MAW-D |
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| 2 | 2 | | By: Marquez H.B. No. 3305 |
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| 3 | 3 | | Substitute the following for H.B. No. 3305: |
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| 4 | 4 | | By: White C.S.H.B. No. 3305 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the discharge of a prisoner from a county jail. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Article 43.13, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by amending Subsection (b) and adding Subsections (c), (d), |
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| 13 | 13 | | (e), and (f) to read as follows: |
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| 14 | 14 | | (b) A defendant convicted of a misdemeanor and sentenced to |
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| 15 | 15 | | a term of confinement [of more than 30 days] discharges the |
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| 16 | 16 | | defendant's sentence at any time beginning at [between the hours |
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| 17 | 17 | | of] 6 a.m. and ending at 7 p.m. on the day of discharge. |
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| 18 | 18 | | (c) Except as provided by Subsections (d) and (e), the |
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| 19 | 19 | | sheriff or other county jail administrator shall release a |
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| 20 | 20 | | defendant at any time beginning at 6 a.m. and ending at 7 p.m. on the |
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| 21 | 21 | | day the defendant discharges the defendant's sentence. |
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| 22 | 22 | | (d) The sheriff or other county jail administrator may: |
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| 23 | 23 | | (1) credit a defendant who will discharge the |
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| 24 | 24 | | defendant's sentence and be released from the county jail at 12:01 |
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| 25 | 25 | | a.m. with not more than 18 hours of time served; and |
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| 26 | 26 | | (2) release the defendant at any time beginning at 6 |
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| 27 | 27 | | a.m. and ending at 7 p.m. on the day preceding the day on which the |
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| 28 | 28 | | defendant discharges the defendant's sentence. |
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| 29 | 29 | | (e) A sheriff or other county jail administrator may release |
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| 30 | 30 | | a defendant from county jail after 7 p.m. and before 6 a.m. if the |
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| 31 | 31 | | defendant: |
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| 32 | 32 | | (1) agrees to or requests a release after 7 p.m. and |
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| 33 | 33 | | before 6 a.m.; |
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| 34 | 34 | | (2) is subject to an arrest warrant issued by another |
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| 35 | 35 | | county and is being released for purposes of executing that arrest |
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| 36 | 36 | | warrant; |
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| 37 | 37 | | (3) is being transferred to the custody of another |
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| 38 | 38 | | state, a unit of the federal government, or a facility operated by |
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| 39 | 39 | | or under contract with the Texas Department of Criminal Justice; or |
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| 40 | 40 | | (4) is being admitted to an inpatient mental health |
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| 41 | 41 | | facility or a state supported living center for court-ordered |
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| 42 | 42 | | mental health or mental retardation services. |
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| 43 | 43 | | (f) Subsection (e)(1) does not apply if a health care |
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| 44 | 44 | | professional has determined that the defendant lacks the mental |
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| 45 | 45 | | capacity to agree to or request a release. |
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| 46 | 46 | | SECTION 2. Section 511.009, Government Code, is amended by |
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| 47 | 47 | | adding Subsection (a-1) to read as follows: |
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| 48 | 48 | | (a-1) The commission may monitor compliance with the |
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| 49 | 49 | | provisions of Article 43.13, Code of Criminal Procedure, relating |
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| 50 | 50 | | to the release of a prisoner from county jail. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2011. |
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