| 1 | 1 | | By: RodrÃguez, et al. S.B. No. 380 |
|---|
| 2 | 2 | | (In the Senate - Filed January 28, 2015; February 2, 2015, |
|---|
| 3 | 3 | | read first time and referred to Committee on Criminal Justice; |
|---|
| 4 | 4 | | April 7, 2015, reported adversely, with favorable Committee |
|---|
| 5 | 5 | | Substitute by the following vote: Yeas 6, Nays 1; April 7, 2015, |
|---|
| 6 | 6 | | sent to printer.) |
|---|
| 7 | 7 | | Click here to see the committee vote |
|---|
| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 380 By: Whitmire |
|---|
| 9 | 9 | | |
|---|
| 10 | 10 | | |
|---|
| 11 | 11 | | A BILL TO BE ENTITLED |
|---|
| 12 | 12 | | AN ACT |
|---|
| 13 | 13 | | relating to procedures for certain persons charged with a violation |
|---|
| 14 | 14 | | of a condition of release from the Texas Department of Criminal |
|---|
| 15 | 15 | | Justice on parole or to mandatory supervision. |
|---|
| 16 | 16 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 17 | 17 | | SECTION 1. Section 508.251(c), Government Code, is amended |
|---|
| 18 | 18 | | to read as follows: |
|---|
| 19 | 19 | | (c) Instead of the issuance of a warrant under this section, |
|---|
| 20 | 20 | | the division: |
|---|
| 21 | 21 | | (1) may issue to the person a summons requiring the |
|---|
| 22 | 22 | | person to appear for a hearing under Section 508.281 if the person |
|---|
| 23 | 23 | | is not a releasee who is: |
|---|
| 24 | 24 | | (A) on intensive supervision or superintensive |
|---|
| 25 | 25 | | supervision; |
|---|
| 26 | 26 | | (B) an absconder; or |
|---|
| 27 | 27 | | (C) determined by the division to be a threat to |
|---|
| 28 | 28 | | public safety; and |
|---|
| 29 | 29 | | (2) shall issue to the person a summons requiring the |
|---|
| 30 | 30 | | person to appear for a hearing under Section 508.281 if the person: |
|---|
| 31 | 31 | | (A) is charged only with committing: |
|---|
| 32 | 32 | | (i) an administrative violation of release |
|---|
| 33 | 33 | | that is alleged to have been committed after the first [third] |
|---|
| 34 | 34 | | anniversary of the date the person was released on parole or to |
|---|
| 35 | 35 | | mandatory supervision; or |
|---|
| 36 | 36 | | (ii) a new offense that is alleged to have |
|---|
| 37 | 37 | | been committed after the first anniversary of the date the person |
|---|
| 38 | 38 | | was released on parole or to mandatory supervision if: |
|---|
| 39 | 39 | | (a) the new offense is a Class B or |
|---|
| 40 | 40 | | Class C misdemeanor, other than an offense committed against a |
|---|
| 41 | 41 | | child younger than 17 years of age or an offense involving family |
|---|
| 42 | 42 | | violence, as defined by Section 71.004, Family Code; |
|---|
| 43 | 43 | | (b) the person has maintained steady |
|---|
| 44 | 44 | | employment for at least one year; |
|---|
| 45 | 45 | | (c) the person has maintained a stable |
|---|
| 46 | 46 | | residence for at least one year; and |
|---|
| 47 | 47 | | (d) the person has not previously been |
|---|
| 48 | 48 | | charged with an offense after the person was released on parole or |
|---|
| 49 | 49 | | to mandatory supervision; |
|---|
| 50 | 50 | | (B) is not serving a sentence for, and has not |
|---|
| 51 | 51 | | been previously convicted of, an offense listed in or described by |
|---|
| 52 | 52 | | Article 62.001(5), Code of Criminal Procedure; and |
|---|
| 53 | 53 | | (C) is not a releasee with respect to whom a |
|---|
| 54 | 54 | | summons may not be issued under Subdivision (1). |
|---|
| 55 | 55 | | SECTION 2. Section 508.281(c), Government Code, is amended |
|---|
| 56 | 56 | | to read as follows: |
|---|
| 57 | 57 | | (c) If a hearing before a designated agent of the board is |
|---|
| 58 | 58 | | held under this section for a releasee who appears in compliance |
|---|
| 59 | 59 | | with a summons, the sheriff of the county in which the releasee is |
|---|
| 60 | 60 | | required to appear shall provide the designated agent with a place |
|---|
| 61 | 61 | | at the county jail to hold the hearing. After the board or a parole |
|---|
| 62 | 62 | | panel makes a final determination [Immediately on conclusion of a |
|---|
| 63 | 63 | | hearing in which the designated agent determines] that a releasee |
|---|
| 64 | 64 | | has violated a condition of release, a warrant may be issued |
|---|
| 65 | 65 | | requiring the releasee to be held in the county jail pending: |
|---|
| 66 | 66 | | (1) transfer to an intermediate sanction facility [the |
|---|
| 67 | 67 | | action of a parole panel on any recommendations made by the |
|---|
| 68 | 68 | | designated agent]; or [and] |
|---|
| 69 | 69 | | (2) [if subsequently ordered by the parole panel,] the |
|---|
| 70 | 70 | | return of the releasee to the institution from which the releasee |
|---|
| 71 | 71 | | was released. |
|---|
| 72 | 72 | | SECTION 3. The change in law made by this Act in amending |
|---|
| 73 | 73 | | Section 508.251(c), Government Code, applies only to a person who |
|---|
| 74 | 74 | | on or after the effective date of this Act is charged with a |
|---|
| 75 | 75 | | violation of the terms of the person's release on parole or to |
|---|
| 76 | 76 | | mandatory supervision. A person who before the effective date of |
|---|
| 77 | 77 | | this Act was charged with a violation of the terms of the person's |
|---|
| 78 | 78 | | release is governed by the law in effect when the violation was |
|---|
| 79 | 79 | | charged, and the former law is continued in effect for that purpose. |
|---|
| 80 | 80 | | SECTION 4. The change in law made by this Act in amending |
|---|
| 81 | 81 | | Section 508.281(c), Government Code, applies only to a hearing held |
|---|
| 82 | 82 | | on or after the effective date of this Act. A hearing held before |
|---|
| 83 | 83 | | the effective date of this Act is governed by the law in effect on |
|---|
| 84 | 84 | | the date the hearing was held, and the former law is continued in |
|---|
| 85 | 85 | | effect for that purpose. |
|---|
| 86 | 86 | | SECTION 5. This Act takes effect September 1, 2015. |
|---|
| 87 | 87 | | * * * * * |
|---|