87R10044 MCF-D
By: J. Johnson of Harris H.B. No. 2648
A BILL TO BE ENTITLED
AN ACT
relating to the issuance of a summons for certain persons charged
with a violation of a condition of release on parole or to mandatory
supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.251, Government Code, is amended by
amending Subsections (c) and (c-1) and adding Subsection (c-2) to
read as follows:
(c) Notwithstanding Subsection (a), instead [Instead] of
the issuance of a warrant under this section, the division shall[:
[(1) may] issue to the person a summons requiring the
person to appear for a hearing under Section 508.281 if the person:
(1) [(A)] is not a releasee who is:
(A) [(i)] on intensive supervision or
superintensive supervision;
(B) [(ii)] an absconder; or
(C) [(iii)] determined by the division to be a
threat to public safety; [or]
(2) is not serving a sentence for, and has not been
previously convicted of, an offense listed in or described by
Article 62.001(5), Code of Criminal Procedure; and
(3) [(B)] is charged only with committing:
(A) a new offense that is alleged to have been
committed after the first anniversary of the date the person was
released on parole or to mandatory supervision if:
(i) the new offense is a Class C misdemeanor
under the Penal Code, other than an offense committed against a
child younger than 17 years of age or an offense involving family
violence, as defined by Section 71.004, Family Code;
(ii) the person has maintained steady
employment for at least one year;
(iii) the person has maintained a stable
residence for at least one year; and
(iv) the person has not previously been
charged with an offense after the person was released on parole or
to mandatory supervision; or
(B) [and
[(2) shall issue to the person a summons requiring the
person to appear for a hearing under Section 508.281 if the person:
[(A) is charged only with committing] an
administrative violation of release that is alleged to have been
committed after the first anniversary of the date the person was
released on parole or to mandatory supervision[;
[(B) is not serving a sentence for, and has not
been previously convicted of, an offense listed in or described by
Article 62.001(5), Code of Criminal Procedure; and
[(C) is not a releasee with respect to whom a
summons may not be issued under Subdivision (1)].
(c-1) A warrant may not be issued for the return of a person
described by Subsection (c) unless the person has previously failed
to appear for a hearing in response to a summons issued under that
subsection.
(c-2) A summons issued under Subsection (c) must state the
time, date, place, and purpose of the hearing.
SECTION 2. This Act takes effect September 1, 2021.