| 1 | 1 | | 87R10044 MCF-D |
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| 2 | 2 | | By: J. Johnson of Harris H.B. No. 2648 |
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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 issuance of a summons for certain persons charged |
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| 8 | 8 | | with a violation of a condition of release on parole or to mandatory |
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| 9 | 9 | | supervision. |
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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 508.251, Government Code, is amended by |
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| 12 | 12 | | amending Subsections (c) and (c-1) and adding Subsection (c-2) to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | (c) Notwithstanding Subsection (a), instead [Instead] of |
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| 15 | 15 | | the issuance of a warrant under this section, the division shall[: |
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| 16 | 16 | | [(1) may] issue to the person a summons requiring the |
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| 17 | 17 | | person to appear for a hearing under Section 508.281 if the person: |
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| 18 | 18 | | (1) [(A)] is not a releasee who is: |
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| 19 | 19 | | (A) [(i)] on intensive supervision or |
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| 20 | 20 | | superintensive supervision; |
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| 21 | 21 | | (B) [(ii)] an absconder; or |
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| 22 | 22 | | (C) [(iii)] determined by the division to be a |
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| 23 | 23 | | threat to public safety; [or] |
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| 24 | 24 | | (2) is not serving a sentence for, and has not been |
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| 25 | 25 | | previously convicted of, an offense listed in or described by |
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| 26 | 26 | | Article 62.001(5), Code of Criminal Procedure; and |
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| 27 | 27 | | (3) [(B)] is charged only with committing: |
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| 28 | 28 | | (A) a new offense that is alleged to have been |
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| 29 | 29 | | committed after the first anniversary of the date the person was |
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| 30 | 30 | | released on parole or to mandatory supervision if: |
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| 31 | 31 | | (i) the new offense is a Class C misdemeanor |
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| 32 | 32 | | under the Penal Code, other than an offense committed against a |
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| 33 | 33 | | child younger than 17 years of age or an offense involving family |
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| 34 | 34 | | violence, as defined by Section 71.004, Family Code; |
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| 35 | 35 | | (ii) the person has maintained steady |
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| 36 | 36 | | employment for at least one year; |
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| 37 | 37 | | (iii) the person has maintained a stable |
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| 38 | 38 | | residence for at least one year; and |
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| 39 | 39 | | (iv) the person has not previously been |
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| 40 | 40 | | charged with an offense after the person was released on parole or |
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| 41 | 41 | | to mandatory supervision; or |
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| 42 | 42 | | (B) [and |
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| 43 | 43 | | [(2) shall issue to the person a summons requiring the |
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| 44 | 44 | | person to appear for a hearing under Section 508.281 if the person: |
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| 45 | 45 | | [(A) is charged only with committing] an |
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| 46 | 46 | | administrative violation of release that is alleged to have been |
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| 47 | 47 | | committed after the first anniversary of the date the person was |
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| 48 | 48 | | released on parole or to mandatory supervision[; |
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| 49 | 49 | | [(B) is not serving a sentence for, and has not |
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| 50 | 50 | | been previously convicted of, an offense listed in or described by |
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| 51 | 51 | | Article 62.001(5), Code of Criminal Procedure; and |
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| 52 | 52 | | [(C) is not a releasee with respect to whom a |
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| 53 | 53 | | summons may not be issued under Subdivision (1)]. |
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| 54 | 54 | | (c-1) A warrant may not be issued for the return of a person |
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| 55 | 55 | | described by Subsection (c) unless the person has previously failed |
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| 56 | 56 | | to appear for a hearing in response to a summons issued under that |
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| 57 | 57 | | subsection. |
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| 58 | 58 | | (c-2) A summons issued under Subsection (c) must state the |
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| 59 | 59 | | time, date, place, and purpose of the hearing. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2021. |
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