Texas 2015 - 84th Regular

Texas House Bill HB710 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Turner of Harris, et al. H.B. No. 710
2		-	(Senate Sponsor - Rodríguez)
3		-	(In the Senate - Received from the House May 11, 2015;
4		-	May 18, 2015, read first time and referred to Committee on Criminal
5		-	Justice; May 21, 2015, reported favorably by the following vote:
6		-	Yeas 7, Nays 0; May 21, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 710
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to procedures for certain persons charged with a violation
13	6		of a condition of release from the Texas Department of Criminal
14	7		Justice on parole or to mandatory supervision.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 508.251(c), Government Code, is amended
17	10		to read as follows:
18	11		(c) Instead of the issuance of a warrant under this section,
19	12		the division:
20	13		(1) may issue to the person a summons requiring the
21	14		person to appear for a hearing under Section 508.281 if the person:
22	15		(A) is not a releasee who is:
23	16		(i) [(A)] on intensive supervision or
24	17		superintensive supervision;
25	18		(ii) [(B)] an absconder; or
26	19		(iii) [(C)] determined by the division to
27	20		be a threat to public safety; or
28	21		(B) is charged only with committing a new offense
29	22		that is alleged to have been committed after the first anniversary
30	23		of the date the person was released on parole or to mandatory
31	24		supervision if:
32	25		(i) the new offense is a Class C misdemeanor
33	26		under the Penal Code, other than an offense committed against a
34	27		child younger than 17 years of age or an offense involving family
35	28		violence, as defined by Section 71.004, Family Code;
36	29		(ii) the person has maintained steady
37	30		employment for at least one year;
38	31		(iii) the person has maintained a stable
39	32		residence for at least one year; and
40	33		(iv) the person has not previously been
41	34		charged with an offense after the person was released on parole or
42	35		to mandatory supervision; and
43	36		(2) shall issue to the person a summons requiring the
44	37		person to appear for a hearing under Section 508.281 if the person:
45	38		(A) is charged only with committing an
46	39		administrative violation of release that is alleged to have been
47	40		committed after the first [third] anniversary of the date the
48	41		person was released on parole or to mandatory supervision;
49	42		(B) is not serving a sentence for, and has not
50	43		been previously convicted of, an offense listed in or described by
51	44		Article 62.001(5), Code of Criminal Procedure; and
52	45		(C) is not a releasee with respect to whom a
53	46		summons may not be issued under Subdivision (1).
54	47		SECTION 2. Section 508.281(c), Government Code, is amended
55	48		to read as follows:
56	49		(c) If a hearing before a designated agent of the board is
57	50		held under this section for a releasee who appears in compliance
58	51		with a summons, the sheriff of the county in which the releasee is
59	52		required to appear shall provide the designated agent with a place
60	53		at the county jail to hold the hearing. After the board or a parole
61	54		panel makes a final determination [Immediately on conclusion of a
62	55		hearing in which the designated agent determines] that a releasee
63	56		has violated a condition of release, a warrant may be issued
64	57		requiring the releasee to be held in the county jail pending:
65	58		(1) transfer to an intermediate sanction facility [the
66	59		action of a parole panel on any recommendations made by the
67	60		designated agent]; or [and]
68	61		(2) [if subsequently ordered by the parole panel,] the
69	62		return of the releasee to the institution from which the releasee
70	63		was released.
71	64		SECTION 3. The change in law made by this Act in amending
72	65		Section 508.251(c), Government Code, applies only to a person who
73	66		on or after the effective date of this Act is charged with a
74	67		violation of the terms of the person's release on parole or to
75	68		mandatory supervision. A person who before the effective date of
76	69		this Act was charged with a violation of the terms of the person's
77	70		release is governed by the law in effect when the violation was
78	71		charged, and the former law is continued in effect for that purpose.
79	72		SECTION 4. The change in law made by this Act in amending
80	73		Section 508.281(c), Government Code, applies only to a hearing held
81	74		on or after the effective date of this Act. A hearing held before
82	75		the effective date of this Act is governed by the law in effect on
83	76		the date the hearing was held, and the former law is continued in
84	77		effect for that purpose.
85	78		SECTION 5. This Act takes effect September 1, 2015.
86		-	* * * * *
	79	+	______________________________ ______________________________
	80	+	President of the Senate Speaker of the House
	81	+	I certify that H.B. No. 710 was passed by the House on May 7,
	82	+	2015, by the following vote: Yeas 139, Nays 4, 2 present, not
	83	+	voting.
	84	+	______________________________
	85	+	Chief Clerk of the House
	86	+	I certify that H.B. No. 710 was passed by the Senate on May
	87	+	26, 2015, by the following vote: Yeas 31, Nays 0.
	88	+	______________________________
	89	+	Secretary of the Senate
	90	+	APPROVED: _____________________
	91	+	Date
	92	+	_____________________
	93	+	Governor