| 1 | 1 | | 87R6238 JRR-F |
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| 2 | 2 | | By: Collier H.B. No. 1614 |
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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 use of certain technologies to supervise a |
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| 8 | 8 | | defendant placed on community supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42A.001(3), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (3) "Electronic monitoring" includes voice tracking |
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| 13 | 13 | | systems, position tracking systems, position location systems, |
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| 14 | 14 | | biometric tracking systems, mobile applications, and any other |
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| 15 | 15 | | electronic or telecommunications system that may be used to assist |
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| 16 | 16 | | in the supervision of defendants under this chapter. |
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| 17 | 17 | | SECTION 2. The heading to Section 76.019, Government Code, |
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| 18 | 18 | | is amended to read as follows: |
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| 19 | 19 | | Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS; |
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| 20 | 20 | | ELECTRONIC MONITORING. |
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| 21 | 21 | | SECTION 3. Section 76.019, Government Code, is amended by |
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| 22 | 22 | | adding Subsections (c) and (d) to read as follows: |
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| 23 | 23 | | (c) A department may use electronic monitoring, as defined |
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| 24 | 24 | | by Article 42A.001, Code of Criminal Procedure, to conduct virtual |
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| 25 | 25 | | check-ins of the defendant in lieu of in-person check-ins. The |
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| 26 | 26 | | electronic monitoring may include the use of a biometric mobile |
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| 27 | 27 | | application with remote check-in capability that provides |
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| 28 | 28 | | verifiable location data of the defendant at the time of the virtual |
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| 29 | 29 | | check-in. |
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| 30 | 30 | | (d) Electronic messages and videoconferences between a |
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| 31 | 31 | | defendant and an officer supervising the defendant must be: |
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| 32 | 32 | | (1) saved as a permanent electronic record; |
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| 33 | 33 | | (2) encrypted; |
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| 34 | 34 | | (3) compliant with the Health Insurance Portability |
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| 35 | 35 | | and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.); |
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| 36 | 36 | | and |
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| 37 | 37 | | (4) incapable of being deleted or altered by the |
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| 38 | 38 | | defendant or the officer. |
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| 39 | 39 | | SECTION 4. Section 509.011, Government Code, is amended by |
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| 40 | 40 | | adding Subsection (a-1) to read as follows: |
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| 41 | 41 | | (a-1) The division may not reduce the amount of funding |
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| 42 | 42 | | payable to a department under Subsection (a) based on the |
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| 43 | 43 | | department's use of videoconference technology in lieu of in-person |
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| 44 | 44 | | meetings or visits with a defendant or use of electronic monitoring |
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| 45 | 45 | | of the defendant as provided by Section 76.019. |
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| 46 | 46 | | SECTION 5. This Act takes effect September 1, 2021. |
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