| 1 | 1 | | 87R3821 MCF-F |
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| 2 | 2 | | By: Bernal H.B. No. 2216 |
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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 period for disposing of a charge that a person |
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| 8 | 8 | | violated a condition of release from the Texas Department of |
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| 9 | 9 | | Criminal Justice. |
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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 508.282(a), Government Code, is amended |
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| 12 | 12 | | to read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (b), a parole panel, a |
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| 14 | 14 | | designee of the board, or the department shall dispose of the |
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| 15 | 15 | | charges against an inmate or person described by Section |
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| 16 | 16 | | 508.281(a): |
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| 17 | 17 | | (1) before the 41st day after the date on which: |
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| 18 | 18 | | (A) a warrant issued as provided by Section |
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| 19 | 19 | | 508.251 is executed, unless an indictment, information, or |
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| 20 | 20 | | complaint is filed in court [if the inmate or person is arrested |
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| 21 | 21 | | only on a charge that the inmate or person has committed an |
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| 22 | 22 | | administrative violation of a condition of release, and the inmate |
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| 23 | 23 | | or person is not charged] before the 41st day alleging [with] the |
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| 24 | 24 | | inmate or person committed [commission of] an offense described by |
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| 25 | 25 | | Section 508.2811(2)(B); or |
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| 26 | 26 | | (B) the sheriff having custody of an inmate or |
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| 27 | 27 | | person alleged to have committed an offense after release notifies |
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| 28 | 28 | | the department that: |
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| 29 | 29 | | (i) the inmate or person has discharged the |
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| 30 | 30 | | sentence for the offense; or |
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| 31 | 31 | | (ii) the prosecution of the alleged offense |
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| 32 | 32 | | has been dismissed by the attorney representing the state in the |
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| 33 | 33 | | manner provided by Article 32.02, Code of Criminal Procedure; or |
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| 34 | 34 | | (2) within a reasonable time after the date on which |
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| 35 | 35 | | the inmate or person is returned to the custody of the department, |
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| 36 | 36 | | if: |
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| 37 | 37 | | (A) immediately before the return the inmate or |
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| 38 | 38 | | person was in custody in another state or in a federal correctional |
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| 39 | 39 | | system; or |
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| 40 | 40 | | (B) the inmate or person is transferred to the |
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| 41 | 41 | | custody of the department under Section 508.284. |
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| 42 | 42 | | SECTION 2. The change in law made by this Act applies only |
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| 43 | 43 | | to a person who on or after the effective date of this Act is charged |
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| 44 | 44 | | with a violation of a condition of the person's release. A person |
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| 45 | 45 | | who was charged with a violation of a condition of release before |
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| 46 | 46 | | the effective date of this Act is governed by the law in effect on |
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| 47 | 47 | | the date the person was charged with the violation, and the former |
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| 48 | 48 | | law is continued in effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2021. |
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