82R7566 KCR-F
By: Hinojosa S.B. No. 1530
A BILL TO BE ENTITLED
AN ACT
relating to procedures for certain persons charged with certain new
offenses or 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 508.254, Government Code, is amended by
amending Subsection (c) and adding Subsections (d), (e), and (f) to
read as follows:
(c) Except as provided by Subsection (d), pending [Pending]
a hearing on a charge of parole violation, ineligible release, or
violation of a condition of mandatory supervision, a person
returned to custody shall remain confined.
(d) A magistrate of the county in which the person is held in
custody may release the person on bond pending the hearing if:
(1) the person is arrested or held in custody only on a
charge that the person:
(A) committed an administrative violation of
release; or
(B) violated a condition of release by committing
a new offense for which the person is eligible for release on bond,
other than:
(i) an offense punishable as a felony;
(ii) an offense under Title 5 or Chapter 49,
Penal Code, punishable as a Class B or Class A misdemeanor; or
(iii) an offense involving family violence,
as defined by Section 71.004, Family Code;
(2) the division, in accordance with Subsection (e),
included notice on the warrant for the person's arrest that the
person is eligible for release on bond; and
(3) the magistrate determines that the person is not a
threat to public safety.
(e) The division shall include a notice on the warrant for
the person's arrest indicating that the person is eligible for
release on bond under Subsection (d) if the division determines
that the person:
(1) has not been previously convicted of:
(A) an offense under Chapter 29, Penal Code;
(B) an offense under Title 5, Penal Code,
punishable as a felony; or
(C) an offense involving family violence, as
defined by Section 71.004, Family Code;
(2) is not on intensive supervision or super-intensive
supervision;
(3) is not an absconder; and
(4) is not a threat to public safety.
(f) The provisions of Chapters 17 and 22, Code of Criminal
Procedure, apply to:
(1) a person released under Subsection (d) in the same
manner as those provisions apply to a person released pending an
appearance before a court or magistrate, except that the release
under Subsection (d) is conditioned on the person's appearance at a
hearing under Subchapter I; and
(2) the forfeiture of the bond of a person released
under Subsection (d), except that forfeiture proceedings may be
initiated on the failure of the person to appear at a hearing under
Subchapter I.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.50 to read as follows:
Art. 17.50. APPLICATION OF CHAPTER TO RELEASEES. (a) In
this article, "releasee" means a person who is subject to detention
under warrant under Section 508.254, Government Code.
(b) Unless the context clearly requires otherwise, a
provision of this chapter that refers to a defendant applies to a
releasee in the same manner that the provision applies to a
defendant.
(c) Unless the context clearly requires otherwise, a
provision of this chapter that refers to a particular court or
magistrate before which a defendant must appear applies to a
releasee, except that entity before which the releasee must appear
is the parole panel or the designated agent of the Board of Pardons
and Paroles that will conduct a hearing concerning the releasee
under Subchapter I, Chapter 508, Government Code.
(d) Notwithstanding Subdivision 3, Article 17.08, if a bail
bond secures the appearance of a releasee at a hearing under
Subchapter I, Chapter 508, Government Code, the bail bond must
state that the releasee is accused of a violation of the conditions
of the releasee's release from the Texas Department of Criminal
Justice.
SECTION 3. Chapter 22, Code of Criminal Procedure, is
amended by adding Article 22.19 to read as follows:
Art. 22.19. APPLICATION OF CHAPTER TO RELEASEES. (a) In
this article, "releasee" means a person who is subject to detention
under warrant under Section 508.254, Government Code.
(b) Unless the context clearly requires otherwise, a
provision of this chapter that refers to a defendant applies to a
releasee in the same manner that the provision applies to a
defendant.
(c) Unless the context clearly requires otherwise, a
provision of this chapter that refers to a particular court or
magistrate before which a defendant must appear applies to a
releasee, except that entity before which the releasee must appear
is the parole panel or the designated agent of the Board of Pardons
and Paroles that will conduct a hearing concerning the releasee
under Subchapter I, Chapter 508, Government Code.
(d) Notwithstanding Article 22.02, if a bail bond or
personal bond secures the appearance of a releasee at a hearing
under Subchapter I, Chapter 508, Government Code, the requirement
of that article that the defendant's name be called distinctly at
the courthouse door is satisfied if the releasee's name is called
distinctly at the door of the place at which the hearing under
Subchapter I, Chapter 508, Government Code, is held.
(e) Notwithstanding Article 22.03(a), if the bail bond or
personal bond to be forfeited secures the appearance of a releasee
at a hearing under Subchapter I, Chapter 508, Government Code, the
requirement of that article that a judgment be entered is satisfied
if the person initiating bond forfeiture proceedings under this
chapter files a petition alleging facts that, if true, support a
final judgment of forfeiture.
(f) Notwithstanding any other law, if the bail bond or
personal bond to be forfeited secures the appearance of a releasee
at a hearing under Subchapter I, Chapter 508, Government Code, in
addition to any other person authorized to initiate bond forfeiture
proceedings under this chapter, the director of the pardon and
paroles division of the Texas Department of Criminal Justice or the
director's designee may initiate bond forfeiture proceedings under
this chapter. Regardless of the person that initiates bond
forfeiture proceedings under this chapter, any proceeds from a
forfeiture shall be collected and deposited in the same manner as
the proceeds from any other bond forfeited under this chapter.
SECTION 4. 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 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 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 5. This Act takes effect September 1, 2011.