| 1 | 1 | | 86R2742 MAW-D |
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| 2 | 2 | | By: King of Parker H.B. No. 1314 |
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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 the release on bail of, and the reimbursement to a |
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| 8 | 8 | | county for certain costs of confining, a person charged with an |
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| 9 | 9 | | administrative violation of parole or 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 508.254, Government Code, is amended by |
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| 12 | 12 | | amending Subsections (c), (d), (e), and (f) and adding Subsection |
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| 13 | 13 | | (d-1) to read as follows: |
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| 14 | 14 | | (c) Except as provided by Subsections [Subsection] (d) and |
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| 15 | 15 | | (d-1), pending a hearing on a charge of parole violation, |
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| 16 | 16 | | ineligible release, or violation of a condition of mandatory |
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| 17 | 17 | | supervision, a person returned to custody shall remain confined. |
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| 18 | 18 | | (d) A magistrate of the county in which the person is held in |
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| 19 | 19 | | custody may release the person on bond pending the hearing if: |
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| 20 | 20 | | (1) the person is arrested or held in custody only on a |
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| 21 | 21 | | charge that the person committed an administrative violation of |
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| 22 | 22 | | release; |
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| 23 | 23 | | (2) [the division, in accordance with Subsection (e), |
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| 24 | 24 | | included notice on] the warrant for the person's arrest did not |
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| 25 | 25 | | include a notice that the person is ineligible [eligible] for |
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| 26 | 26 | | release on bond as provided by Subsection (e); and |
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| 27 | 27 | | (3) the magistrate determines that the person is not a |
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| 28 | 28 | | threat to public safety. |
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| 29 | 29 | | (d-1) A magistrate of the county in which the person is held |
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| 30 | 30 | | in custody shall release the person on personal bond pending the |
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| 31 | 31 | | hearing if: |
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| 32 | 32 | | (1) the person has been confined for not less than 30 |
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| 33 | 33 | | days only on a charge that the person committed an administrative |
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| 34 | 34 | | violation of release; |
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| 35 | 35 | | (2) the warrant for the person's arrest did not include |
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| 36 | 36 | | a notice that the person is ineligible for release on bond as |
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| 37 | 37 | | provided by Subsection (e); and |
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| 38 | 38 | | (3) the magistrate determines that the person is not a |
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| 39 | 39 | | threat to public safety. |
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| 40 | 40 | | (e) The division shall include a notice on the warrant for |
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| 41 | 41 | | the person's arrest indicating that the person is ineligible |
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| 42 | 42 | | [eligible] for release on bond under this section [Subsection (d)] |
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| 43 | 43 | | if the division determines that the person: |
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| 44 | 44 | | (1) has [not] been previously convicted of: |
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| 45 | 45 | | (A) an offense under Chapter 29, Penal Code; |
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| 46 | 46 | | (B) an offense under Title 5, Penal Code, |
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| 47 | 47 | | punishable as a felony; or |
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| 48 | 48 | | (C) an offense involving family violence, as |
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| 49 | 49 | | defined by Section 71.004, Family Code; |
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| 50 | 50 | | (2) is [not] on intensive supervision or |
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| 51 | 51 | | super-intensive supervision; |
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| 52 | 52 | | (3) is [not] an absconder; or [and] |
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| 53 | 53 | | (4) is [not] a threat to public safety. |
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| 54 | 54 | | (f) The provisions of Chapters 17 and 22, Code of Criminal |
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| 55 | 55 | | Procedure, apply to a person released under this section |
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| 56 | 56 | | [Subsection (d)] in the same manner as those provisions apply to a |
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| 57 | 57 | | person released pending an appearance before a court or magistrate, |
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| 58 | 58 | | except that the release under this section [that subsection] is |
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| 59 | 59 | | conditioned on the person's appearance at a hearing under this |
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| 60 | 60 | | subchapter. |
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| 61 | 61 | | SECTION 2. Subchapter I, Chapter 508, Government Code, is |
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| 62 | 62 | | amended by adding Section 508.285 to read as follows: |
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| 63 | 63 | | Sec. 508.285. REIMBURSEMENT TO COUNTIES. (a) A county is |
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| 64 | 64 | | entitled to reimbursement from the department for the costs of |
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| 65 | 65 | | confining in the county jail a releasee or person described by |
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| 66 | 66 | | Section 508.281(a) who is confined only on a charge that the |
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| 67 | 67 | | releasee or person has committed an administrative violation of |
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| 68 | 68 | | release and that are incurred beginning on the 11th day of the |
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| 69 | 69 | | releasee's or person's confinement in the county jail. |
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| 70 | 70 | | (b) Not later than the 15th day of each quarter of a county's |
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| 71 | 71 | | fiscal year, the county judge shall certify to the comptroller of |
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| 72 | 72 | | public accounts the costs of confinement incurred during the |
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| 73 | 73 | | preceding fiscal quarter for which the county is entitled to |
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| 74 | 74 | | reimbursement under Subsection (a). The comptroller shall issue a |
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| 75 | 75 | | warrant in that amount to the commissioners court of the county. |
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| 76 | 76 | | SECTION 3. The change in law made by this Act applies only |
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| 77 | 77 | | to a person who is arrested on or after the effective date of this |
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| 78 | 78 | | Act. A person arrested before the effective date of this Act is |
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| 79 | 79 | | governed by the law in effect on the date the person was arrested, |
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| 80 | 80 | | and the former law is continued in effect for that purpose. |
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| 81 | 81 | | SECTION 4. This Act takes effect September 1, 2019. |
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