| 1 | 1 | | 84R2319 JRR-D |
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| 2 | 2 | | By: Peña H.B. No. 1529 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procedures for certain persons charged with a violation |
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| 8 | 8 | | of a condition of release from the Texas Department of Criminal |
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| 9 | 9 | | Justice on parole or to mandatory supervision. |
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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. Section 508.251(c), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (c) Instead of the issuance of a warrant under this section, |
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| 14 | 14 | | the division: |
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| 15 | 15 | | (1) may issue to the person a summons requiring the |
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| 16 | 16 | | person to appear for a hearing under Section 508.281 if the person |
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| 17 | 17 | | is not a releasee who is: |
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| 18 | 18 | | (A) on intensive supervision or superintensive |
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| 19 | 19 | | supervision; |
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| 20 | 20 | | (B) an absconder; or |
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| 21 | 21 | | (C) determined by the division to be a threat to |
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| 22 | 22 | | public safety; and |
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| 23 | 23 | | (2) shall issue to the person a summons requiring the |
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| 24 | 24 | | person to appear for a hearing under Section 508.281 if the person: |
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| 25 | 25 | | (A) is charged only with committing: |
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| 26 | 26 | | (i) an administrative violation of release |
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| 27 | 27 | | that is alleged to have been committed after the first [third] |
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| 28 | 28 | | anniversary of the date the person was released on parole or to |
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| 29 | 29 | | mandatory supervision; or |
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| 30 | 30 | | (ii) a new offense that is alleged to have |
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| 31 | 31 | | been committed after the first anniversary of the date the person |
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| 32 | 32 | | was released on parole or to mandatory supervision if: |
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| 33 | 33 | | (a) the new offense is a Class B or |
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| 34 | 34 | | Class C misdemeanor, other than an offense committed against a |
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| 35 | 35 | | child younger than 17 years of age or an offense involving family |
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| 36 | 36 | | violence, as defined by Section 71.004, Family Code; |
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| 37 | 37 | | (b) the person has maintained steady |
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| 38 | 38 | | employment for at least one year; |
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| 39 | 39 | | (c) the person has maintained a stable |
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| 40 | 40 | | residence for at least one year; and |
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| 41 | 41 | | (d) the person has not previously been |
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| 42 | 42 | | charged with an offense after the person was released on parole or |
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| 43 | 43 | | to mandatory supervision; |
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| 44 | 44 | | (B) is not serving a sentence for, and has not |
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| 45 | 45 | | been previously convicted of, an offense listed in or described by |
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| 46 | 46 | | Article 62.001(5), Code of Criminal Procedure; and |
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| 47 | 47 | | (C) is not a releasee with respect to whom a |
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| 48 | 48 | | summons may not be issued under Subdivision (1). |
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| 49 | 49 | | SECTION 2. The change in law made by this Act applies only |
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| 50 | 50 | | to a person who on or after the effective date of this Act is charged |
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| 51 | 51 | | with a violation of the terms of the person's release on parole or |
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| 52 | 52 | | to mandatory supervision. A person who before the effective date of |
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| 53 | 53 | | this Act was charged with a violation of the terms of the person's |
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| 54 | 54 | | release is governed by the law in effect when the violation was |
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| 55 | 55 | | charged, and the former law is continued in effect for that purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2015. |
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