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1 | 1 | 86R7530 MAW-D | |
2 | 2 | By: Huffman S.B. No. 831 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to creating the criminal offense of tampering with an | |
8 | 8 | electronic monitoring device. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Chapter 38, Penal Code, is amended by adding | |
11 | 11 | Section 38.112 to read as follows: | |
12 | 12 | Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE. | |
13 | 13 | (a) A person who is required to submit to electronic monitoring of | |
14 | 14 | the person's location as a condition of release on parole or to | |
15 | 15 | mandatory supervision commits an offense if the person knowingly | |
16 | 16 | removes or disables a tracking device that the person is required to | |
17 | 17 | wear to enable the electronic monitoring of the person's location. | |
18 | 18 | (b) An offense under this section is a Class B misdemeanor | |
19 | 19 | except that the offense is a Class A misdemeanor if the person: | |
20 | 20 | (1) is required as a condition of release on parole or | |
21 | 21 | to mandatory supervision to report to a parole officer as defined by | |
22 | 22 | Section 508.001, Government Code; and | |
23 | 23 | (2) after removing or disabling the tracking device, | |
24 | 24 | knowingly fails to report as required on two consecutive occasions. | |
25 | 25 | SECTION 2. This Act takes effect September 1, 2019. |