Texas 2019 - 86th Regular

Texas Senate Bill SB1570 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1570
	1	+	86R30044 JG-F
	2	+	By: Flores, et al. S.B. No. 1570
	3	+	(White)
	4	+	Substitute the following for S.B. No. 1570: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the effect of certain felony convictions of certain
6	10		corrections employees.
7	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	12		SECTION 1. Chapter 810, Government Code, is amended by
9	13		adding Section 810.004 to read as follows:
10	14		Sec. 810.004. CERTAIN CORRECTIONS EMPLOYEES INELIGIBLE FOR
11	15		RETIREMENT ANNUITY. (a) In this section:
12	16		(1) "Governing body of a public retirement system" and
13	17		"public retirement system" have the meanings assigned by Section
14	18		802.001.
15	19		(2) "Qualifying felony" means any felony involving an
16	20		incarcerated member of a criminal street gang as defined by Section
17	21		71.01, Penal Code, including:
18	22		(A) bribery;
19	23		(B) the embezzlement, extortion, or other theft
20	24		of public money;
21	25		(C) perjury;
22	26		(D) engaging in organized criminal activity;
23	27		(E) tampering with governmental record;
24	28		(F) misuse of official information;
25	29		(G) abuse of official capacity; or
26	30		(H) conspiracy or the attempt to commit any of
27	31		the offenses described by Paragraphs (A)-(G).
28	32		(b) This section applies only to a person who is:
29	33		(1) a member of the employee class of the Employees
30	34		Retirement System of Texas as described by Section 812.003 because
31	35		the person serves as a corrections officer for the Texas Department
32	36		of Criminal Justice or the Texas Juvenile Justice Department; or
33	37		(2) otherwise eligible for membership in a public
34	38		retirement system wholly or partly because the person served as a
35	39		corrections officer for the Texas Department of Criminal Justice or
36	40		the Texas Juvenile Justice Department.
37	41		(c) Except as provided by Subsection (d), a member of a
38	42		public retirement system is not eligible to receive a service
39	43		retirement annuity under the retirement system if the member is
40	44		convicted of a qualifying felony for conduct arising directly from
41	45		the member's service as a corrections officer.
42	46		(d) The retirement system, on receipt of notice of a
43	47		conviction under Subsection (j), any similar notice of a conviction
44	48		of a qualifying felony from a United States district court or United
45	49		States attorney, or any other information that the retirement
46	50		system determines by rule is sufficient to establish a conviction
47	51		of a qualifying felony, shall suspend payments of a service
48	52		retirement annuity to a person the system determines is ineligible
49	53		to receive the annuity under Subsection (c). A person whose
50	54		conviction is overturned on appeal or who meets the requirements
51	55		for innocence under Section 103.001(a)(2), Civil Practice and
52	56		Remedies Code:
53	57		(1) is entitled to receive an amount equal to the
54	58		accrued total of payments and interest earned on the payments
55	59		withheld during the suspension period; and
56	60		(2) may resume receipt of annuity payments on payment
57	61		to the retirement system of an amount equal to the contributions
58	62		refunded to the person under Subsection (e).
59	63		(e) A member who is ineligible to receive a service
60	64		retirement annuity under Subsection (c) is entitled to a refund of
61	65		the member's service retirement annuity contributions, including
62	66		interest earned on those contributions. A refund under this
63	67		subsection is subject to an award of all or part of the member's
64	68		service retirement annuity contributions to a former spouse,
65	69		including as a just and right division of the contributions on
66	70		divorce, payment of child support, or payment of spousal
67	71		maintenance or contractual alimony or other order of a court.
68	72		(f) Benefits payable to an alternate payee under Chapter 804
69	73		who is recognized by a qualified domestic relations order
70	74		established before the effective date of this subsection are not
71	75		affected by a member's ineligibility to receive a service
72	76		retirement annuity under Subsection (c).
73	77		(g) On conviction of a member for a qualifying felony:
74	78		(1) a court may, in the same manner as in a divorce or
75	79		annulment proceeding, make a just and right division of the
76	80		member's service retirement annuity by awarding to the member's
77	81		spouse all or part of the community property interest in the annuity
78	82		forfeited by the member; and
79	83		(2) a court shall, if the member's service retirement
80	84		annuity was partitioned or exchanged by written agreement of the
81	85		spouses as provided by Subchapter B, Chapter 4, Family Code, before
82	86		the member's commission of the offense, award the annuity forfeited
83	87		by the member to the member's spouse as provided in the agreement.
84	88		(h) Ineligibility for a service retirement annuity under
85	89		this section does not impair a person's right to any other
86	90		retirement benefit for which the person is eligible.
87	91		(i) The governing body of a public retirement system shall
88	92		adopt rules and procedures to implement this section.
89	93		(j) A court shall notify the retirement system of the terms
90	94		of a conviction of a person convicted of an offense described by
91	95		Subsection (c).
92	96		(k) Notwithstanding any other provision of this section, if
93	97		the spouse of a member convicted of a qualifying felony is convicted
94	98		of the felony as a party to the offense as defined by Section 7.01,
95	99		Penal Code, or of another qualifying offense arising out of the same
96	100		criminal episode as defined by Section 3.01, Penal Code, the spouse
97	101		forfeits the member's service retirement annuity and service
98	102		retirement contributions to the same extent as the member.
99	103		SECTION 2. Article 42.01, Code of Criminal Procedure, is
100	104		amended by adding Section 14 to read as follows:
101	105		Sec. 14. In addition to the information described by
102	106		Section 1, the judgment should reflect affirmative findings entered
103	107		pursuant to Article 42.0193.
104	108		SECTION 3. Chapter 42, Code of Criminal Procedure, is
105	109		amended by adding Article 42.0193 to read as follows:
106	110		Art. 42.0193. FINDING REGARDING OFFENSE RELATED TO CONDUCT
107	111		OF CERTAIN CORRECTIONS EMPLOYEES. (a) In the trial of an offense
108	112		described by Section 810.004, Government Code, the judge shall make
109	113		an affirmative finding of fact and enter the affirmative finding in
110	114		the judgment in the case if the judge determines that the defendant
111	115		is:
112	116		(1) a member of the employee class described by
113	117		Section 810.004(b)(1), Government Code, while a member of the
114	118		Employees Retirement System of Texas because the person serves as a
115	119		corrections officer for the Texas Department of Criminal Justice or
116	120		the Texas Juvenile Justice Department; or
117	121		(2) otherwise eligible for membership in a public
118	122		retirement system wholly or partly because the person served as a
119	123		corrections officer for the Texas Department of Criminal Justice or
120	124		the Texas Juvenile Justice Department.
121	125		(b) A judge who makes the affirmative finding described by
122	126		this article shall make the determination and provide the notice
123	127		required by Section 810.004(j), Government Code.
124	128		SECTION 4. Section 810.002, Government Code, as added by
125	129		Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular
126	130		Session, 2017, is redesignated as Section 810.003, Government Code,
127	131		to read as follows:
128	132		Sec. 810.003 [810.002]. CERTAIN ELECTED OFFICIALS
129	133		INELIGIBLE FOR RETIREMENT ANNUITY. (a) In this section:
130	134		(1) "Governing body of a public retirement system" and
131	135		"public retirement system" have the meanings assigned by Section
132	136		802.001.
133	137		(2) "Qualifying felony" means any felony involving:
134	138		(A) bribery;
135	139		(B) the embezzlement, extortion, or other theft
136	140		of public money;
137	141		(C) perjury;
138	142		(D) coercion of public servant or voter;
139	143		(E) tampering with governmental record;
140	144		(F) misuse of official information;
141	145		(G) conspiracy or the attempt to commit any of
142	146		the offenses described by Paragraphs (A)-(F); or
143	147		(H) abuse of official capacity.
144	148		(b) This section applies only to a person who is:
145	149		(1) a member of the elected class of the Employees
146	150		Retirement System of Texas as described by Section 812.002(a)(1) or
147	151		(2); or
148	152		(2) otherwise eligible for membership in a public
149	153		retirement system wholly or partly because the person was elected
150	154		or appointed to an elected office.
151	155		(c) Except as provided by Subsection (d), a member of a
152	156		public retirement system is not eligible to receive a service
153	157		retirement annuity under the retirement system if the member is
154	158		convicted of a qualifying felony committed while in office and
155	159		arising directly from the official duties of that elected office.
156	160		(d) The retirement system, on receipt of notice of a
157	161		conviction under Subsection (e) or (k), any similar notice of a
158	162		conviction of a qualifying felony from a United States district
159	163		court or United States attorney, or any other information that the
160	164		retirement system determines by rule is sufficient to establish a
161	165		conviction of a qualifying felony, shall suspend payments of a
162	166		service retirement annuity to a person the system determines is
163	167		ineligible to receive the annuity under Subsection (c). A person
164	168		whose conviction is overturned on appeal or who meets the
165	169		requirements for innocence under Section 103.001(a)(2), Civil
166	170		Practice and Remedies Code:
167	171		(1) is entitled to receive an amount equal to the
168	172		accrued total of payments and interest earned on the payments
169	173		withheld during the suspension period; and
170	174		(2) may resume receipt of annuity payments on payment
171	175		to the retirement system of an amount equal to the contributions
172	176		refunded to the person under Subsection (f).
173	177		(e) Not later than the 30th day after the conviction of a
174	178		person of a qualifying felony, the governmental entity to which the
175	179		person was elected or appointed must provide written notice of the
176	180		conviction to the public retirement system in which the person is
177	181		enrolled. The notice must comply with the administrative rules
178	182		adopted by the public retirement system under Subsection (j).
179	183		(f) A member who is ineligible to receive a service
180	184		retirement annuity under Subsection (c) is entitled to a refund of
181	185		the member's service retirement annuity contributions, including
182	186		interest earned on those contributions. A refund under this
183	187		subsection is subject to an award of all or part of the member's
184	188		service retirement annuity contributions to a former spouse,
185	189		including as a just and right division of the contributions on
186	190		divorce, payment of child support, or payment of spousal
187	191		maintenance or contractual alimony or other order of a court.
188	192		(g) Benefits payable to an alternate payee under Chapter 804
189	193		who is recognized by a qualified domestic relations order
190	194		established before the effective date of this subsection are not
191	195		affected by a member's ineligibility to receive a service
192	196		retirement annuity under Subsection (c).
193	197		(h) On conviction of a member for a qualifying felony:
194	198		(1) a court may, in the same manner as in a divorce or
195	199		annulment proceeding, make a just and right division of the
196	200		member's service retirement annuity by awarding to the member's
197	201		spouse all or part of the community property interest in the annuity
198	202		forfeited by the member; and
199	203		(2) a court shall, if the member's service retirement
200	204		annuity was partitioned or exchanged by written agreement of the
201	205		spouses as provided by Subchapter B, Chapter 4, Family Code, before
202	206		the member's commission of the offense, award the annuity forfeited
203	207		by the member to the member's spouse as provided in the agreement.
204	208		(i) Ineligibility for a service retirement annuity under
205	209		this section does not impair a person's right to any other
206	210		retirement benefit for which the person is eligible.
207	211		(j) The governing body of a public retirement system shall
208	212		adopt rules and procedures to implement this section.
209	213		(k) A court shall notify the retirement system of the terms
210	214		of a conviction of a person convicted of an offense described by
211	215		Subsection (c).
212	216		(l) Notwithstanding any other provision of this section, if
213	217		the spouse of a member convicted of a qualifying felony is convicted
214	218		of the felony as a party to the offense as defined by Section 7.01,
215	219		Penal Code, or of another qualifying offense arising out of the same
216	220		criminal episode as defined by Section 3.01, Penal Code, the spouse
217	221		forfeits the member's service retirement annuity and service
218	222		retirement contributions to the same extent as the member.
219	223		SECTION 5. Section 810.004, Government Code, as added by
220	224		this Act, applies only to a member of a public retirement system who
221	225		serves as a corrections officer and, on or after the effective date
222	226		of this Act, commits an offense that is a qualifying felony as
223	227		defined by that section. A person who commits a qualifying felony
224	228		before the effective date of this Act is subject to the law in
225	229		effect on the date the offense was committed, and the former law is
226	230		continued in effect for that purpose. For purposes of this section,
227	231		an offense was committed before the effective date of this Act if
228	232		any element of the offense occurred before that date.
229	233		SECTION 6. This Act takes effect immediately if it receives
230	234		a vote of two-thirds of all the members elected to each house, as
231	235		provided by Section 39, Article III, Texas Constitution. If this
232	236		Act does not receive the vote necessary for immediate effect, this
233	237		Act takes effect September 1, 2019.
234		-	______________________________ ______________________________
235		-	President of the Senate Speaker of the House
236		-	I hereby certify that S.B. No. 1570 passed the Senate on
237		-	May 10, 2019, by the following vote: Yeas 31, Nays 0; and that the
238		-	Senate concurred in House amendment on May 25, 2019, by the
239		-	following vote: Yeas 30, Nays 0.
240		-	______________________________
241		-	Secretary of the Senate
242		-	I hereby certify that S.B. No. 1570 passed the House, with
243		-	amendment, on May 22, 2019, by the following vote: Yeas 138,
244		-	Nays 6, two present not voting.
245		-	______________________________
246		-	Chief Clerk of the House
247		-	Approved:
248		-	______________________________
249		-	Date
250		-	______________________________
251		-	Governor