Texas 2017 - 85th Regular

Texas House Bill HB618 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R18918 JRR-D
2	2	By: Leach H.B. No. 618
3	3	Substitute the following for H.B. No. 618:
4	4	By: Sanford C.S.H.B. No. 618
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain notices and information about certain releasees
10	10	from the Texas Department of Criminal Justice that are provided to
11	11	or made accessible to criminal justice agencies and to notification
12	12	of an executive clemency recommendation by the Board of Pardons and
13	13	Paroles.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter B, Chapter 508, Government Code, is
16	16	amended by adding Section 508.0505 to read as follows:
17	17	Sec. 508.0505. NOTIFICATION OF EXECUTIVE CLEMENCY
18	18	RECOMMENDATION. (a) Not later than the 11th day after the date the
19	19	board recommends that the governor grant executive clemency, the
20	20	board shall notify the sheriff, each chief of police, the
21	21	prosecuting attorneys, and the district judges in the county in
22	22	which the individual was convicted that the governor is considering
23	23	clemency.
24	24	(b) If the prosecution of a case was originated in a county
25	25	other than the county in which the conviction occurred, the board
26	26	shall also notify the officers listed in Subsection (a) who serve
27	27	the originating county, subject to the same deadline imposed by
28	28	Subsection (a).
29	29	(c) The notice under Subsection (a) or (b) must include:
30	30	(1) the individual's name, age, sex, and race;
31	31	(2) a photograph of the individual, if available;
32	32	(3) the county in which the individual was convicted;
33	33	and
34	34	(4) the offense for which the individual was
35	35	convicted.
36	36	(d) The notice under Subsection (a) or (b) must be provided
37	37	by e-mail or other electronic communication.
38	38	SECTION 2. Sections 508.115(a) and (d), Government Code,
39	39	are amended to read as follows:
40	40	(a) Not later than the 11th day before the date a parole
41	41	panel orders the release on parole of an inmate [or not later than
42	42	the 11th day after the date the board recommends that the governor
43	43	grant executive clemency], the division shall give notice in
44	44	accordance with Subsection (d) to [notify] the sheriffs, each chief
45	45	of police, the prosecuting attorneys, and the district judges in
46	46	the county in which the inmate was convicted and the county to which
47	47	the inmate is released that a parole panel is considering release on
48	48	parole [or the governor is considering clemency].
49	49	(d) The notice must include [state]:
50	50	(1) the inmate's name, age, sex, and race;
51	51	(2) a photograph of the inmate;
52	52	(3) if applicable:
53	53	(A) the address at which the inmate will reside;
54	54	(B) the name of the inmate's parole supervisor or
55	55	the director of the halfway house to which the inmate is
56	56	transferred, as appropriate; and
57	57	(C) the rules or conditions of the inmate's
58	58	release;
59	59	(4) [(2)] the county in which the inmate was
60	60	convicted; and
61	61	(5) [(3)] the offense for which the inmate was
62	62	convicted.
63	63	SECTION 3. Subchapter D, Chapter 508, Government Code, is
64	64	amended by adding Section 508.120 to read as follows:
65	65	Sec. 508.120. RELEASEE DATABASE. (a) In this section,
66	66	"criminal justice agency" has the meaning assigned by Article
67	67	60.01, Code of Criminal Procedure.
68	68	(b) The division shall establish and maintain a database for
69	69	the purpose of providing real time information about releasees to
70	70	criminal justice agencies.
71	71	(c) The database:
72	72	(1) must contain the following information about a
73	73	releasee, to the extent that the information is available:
74	74	(A) a photograph;
75	75	(B) a physical description;
76	76	(C) gang affiliation;
77	77	(D) residential history;
78	78	(E) employment history; and
79	79	(F) the make, model, and license plate number of
80	80	any vehicle operated by the releasee; and
81	81	(2) must be updated as soon as practicable after a
82	82	parole officer learns of a change in any information described by
83	83	Subdivision (1).
84	84	(d) In establishing a database under this section, the
85	85	division may utilize an existing database that is maintained by the
86	86	department, including the corrections tracking system established
87	87	under Article 60.02, Code of Criminal Procedure.
88	88	SECTION 4. Subchapter H, Chapter 508, Government Code, is
89	89	amended by adding Section 508.2511 to read as follows:
90	90	Sec. 508.2511. NOTICE OF WARRANT ISSUANCE. The department
91	91	shall provide notice of a warrant issued under this subchapter to
92	92	each law enforcement agency whose jurisdiction includes the
93	93	residence of the releasee, according to the department's records.
94	94	SECTION 5. (a) Section 508.0505, Government Code, as added
95	95	by this Act, applies only to a recommendation by the Board of
96	96	Pardons and Paroles that the governor grant executive clemency that
97	97	is made on or after January 1, 2018. A recommendation by the Board
98	98	of Pardons and Paroles that the governor grant executive clemency
99	99	that is made before January 1, 2018, is governed by Section 508.115,
100	100	Government Code, as that law existed immediately before the
101	101	effective date of this Act, and the former law is continued in
102	102	effect for that purpose.
103	103	(b) Section 508.115, Government Code, as amended by this
104	104	Act, applies only to the consideration by a parole panel of the
105	105	release of an inmate or the transfer of an inmate to a halfway house
106	106	that occurs on or after January 1, 2018. The consideration by a
107	107	parole panel of the release or transfer of an inmate that occurs
108	108	before January 1, 2018, is governed by the law in effect immediately
109	109	before the effective date of this Act, and the former law is
110	110	continued in effect for that purpose.
111	111	(c) Section 508.2511, Government Code, as added by this Act,
112	112	applies only to a warrant issued under Subchapter H, Chapter 508,
113	113	Government Code, on or after January 1, 2018.
114	114	SECTION 6. Not later than January 1, 2018, the pardons and
115	115	paroles division of the Texas Department of Criminal Justice shall
116	116	establish the database required by Section 508.120, Government
117	117	Code, as added by this Act.
118	118	SECTION 7. This Act takes effect September 1, 2017.