| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to creating the criminal offense of tampering with an |
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| 8 | 10 | | electronic monitoring device. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Chapter 38, Penal Code, is amended by adding |
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| 11 | 13 | | Section 38.112 to read as follows: |
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| 12 | 14 | | Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE. |
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| 13 | 15 | | (a) A person, other than a person who is civilly committed as a |
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| 14 | 16 | | sexually violent predator under Chapter 841, Health and Safety |
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| 15 | 17 | | Code, commits an offense if the person is required to submit to |
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| 16 | 18 | | electronic monitoring of the person's location as a condition of |
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| 17 | 19 | | release on parole or to mandatory supervision and knowingly removes |
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| 18 | 20 | | or disables a tracking device that the person is required to wear to |
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| 19 | 21 | | enable the electronic monitoring of the person's location. |
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| 20 | 22 | | (b) An offense under this section is a Class B misdemeanor |
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| 21 | 23 | | except that the offense is a Class A misdemeanor if the person: |
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| 22 | 24 | | (1) is required as a condition of release on parole or |
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| 23 | 25 | | to mandatory supervision to report to a parole officer as defined by |
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| 24 | 26 | | Section 508.001, Government Code; and |
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| 25 | 27 | | (2) after removing or disabling the tracking device, |
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| 26 | 28 | | knowingly fails to report as required on two consecutive occasions. |
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| 27 | 29 | | SECTION 2. This Act takes effect September 1, 2019. |
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