1 | 1 | | 84R16269 JRR-F |
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2 | 2 | | By: Leach H.B. No. 3731 |
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3 | 3 | | Substitute the following for H.B. No. 3731: |
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4 | 4 | | By: Krause C.S.H.B. No. 3731 |
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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 certain notices and information about certain releasees |
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10 | 10 | | from the Texas Department of Criminal Justice that are provided to |
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11 | 11 | | or made accessible to criminal justice agencies. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Sections 508.115(a) and (d), Government Code, |
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14 | 14 | | are amended to read as follows: |
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15 | 15 | | (a) Not later than the 11th day before the date a parole |
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16 | 16 | | panel orders the release on parole of an inmate or not later than |
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17 | 17 | | the 11th day after the date the board recommends that the governor |
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18 | 18 | | grant executive clemency, the division shall give notice in |
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19 | 19 | | accordance with Subsection (d) to [notify] the sheriffs, each chief |
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20 | 20 | | of police, the prosecuting attorneys, and the district judges in |
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21 | 21 | | the county in which the inmate was convicted and the county to which |
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22 | 22 | | the inmate is released that a parole panel is considering release on |
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23 | 23 | | parole or the governor is considering clemency. |
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24 | 24 | | (d) The notice must include [state]: |
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25 | 25 | | (1) the inmate's name, age, sex, and race; |
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26 | 26 | | (2) a photograph of the inmate; |
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27 | 27 | | (3) if applicable: |
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28 | 28 | | (A) the address at which the inmate will reside; |
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29 | 29 | | (B) the name of the inmate's parole supervisor or |
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30 | 30 | | the director of the halfway house to which the inmate is |
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31 | 31 | | transferred, as appropriate; and |
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32 | 32 | | (C) the rules or conditions of the inmate's |
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33 | 33 | | release; |
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34 | 34 | | (4) [(2)] the county in which the inmate was |
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35 | 35 | | convicted; and |
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36 | 36 | | (5) [(3)] the offense for which the inmate was |
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37 | 37 | | convicted. |
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38 | 38 | | SECTION 2. Subchapter D, Chapter 508, Government Code, is |
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39 | 39 | | amended by adding Section 508.120 to read as follows: |
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40 | 40 | | Sec. 508.120. RELEASEE DATABASE. (a) In this section, |
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41 | 41 | | "criminal justice agency" has the meaning assigned by Article |
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42 | 42 | | 60.01, Code of Criminal Procedure. |
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43 | 43 | | (b) The division shall establish and maintain a database for |
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44 | 44 | | the purpose of providing real time information about releasees to |
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45 | 45 | | criminal justice agencies. |
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46 | 46 | | (c) The database: |
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47 | 47 | | (1) must contain the following information about a |
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48 | 48 | | releasee, to the extent that the information is available: |
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49 | 49 | | (A) a photograph; |
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50 | 50 | | (B) a physical description; |
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51 | 51 | | (C) gang affiliation; |
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52 | 52 | | (D) residential history; |
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53 | 53 | | (E) family history; |
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54 | 54 | | (F) employment history; |
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55 | 55 | | (G) a list of persons who visited the releasee |
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56 | 56 | | during the releasee's confinement by the department; |
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57 | 57 | | (H) the make, model, and license plate number of |
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58 | 58 | | any vehicle operated by the releasee; and |
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59 | 59 | | (I) any other information that the division |
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60 | 60 | | considers appropriate; and |
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61 | 61 | | (2) must be updated as soon as practicable after a |
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62 | 62 | | parole officer learns of a change in any information described by |
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63 | 63 | | Subdivision (1). |
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64 | 64 | | (d) In establishing a database under this section, the |
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65 | 65 | | division may utilize an existing database that is maintained by the |
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66 | 66 | | department, including the corrections tracking system established |
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67 | 67 | | under Article 60.02, Code of Criminal Procedure. |
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68 | 68 | | SECTION 3. Subchapter H, Chapter 508, Government Code, is |
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69 | 69 | | amended by adding Section 508.2511 to read as follows: |
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70 | 70 | | Sec. 508.2511. NOTICE OF WARRANT ISSUANCE. The department |
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71 | 71 | | shall provide notice of a warrant issued under this subchapter to |
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72 | 72 | | each law enforcement agency whose jurisdiction includes the |
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73 | 73 | | residence of the releasee, according to the department's records. |
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74 | 74 | | SECTION 4. (a) The change in law made by this Act to Section |
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75 | 75 | | 508.115, Government Code, applies only to the consideration by a |
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76 | 76 | | parole panel of the release of an inmate or the transfer of an |
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77 | 77 | | inmate to a halfway house that occurs on or after September 1, 2015, |
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78 | 78 | | or to a recommendation that the governor grant executive clemency |
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79 | 79 | | that is made on or after that date. |
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80 | 80 | | (b) The change in law made by this Act in adding Section |
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81 | 81 | | 508.2511, Government Code, applies only to a warrant issued under |
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82 | 82 | | Subchapter H, Chapter 508, Government Code, on or after the |
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83 | 83 | | effective date of this Act. |
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84 | 84 | | SECTION 5. This Act takes effect September 1, 2015. |
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