87R11144 MCF-D
By: J. Johnson of Harris H.B. No. 2806
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(c), Government Code, is amended
to read as follows:
(c) Instead of the issuance of a warrant under this section,
the division:
(1) may issue to the person a summons requiring the
person to appear for a hearing under Section 508.281 if the person:
(A) is not a releasee who is:
(i) on intensive supervision or
superintensive supervision;
(ii) an absconder; or
(iii) determined by the division to be a
threat to public safety; or
(B) is charged only with committing 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; 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:
(i) a new offense for which the person has
been released on bond; or
(ii) 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).
SECTION 2. This Act takes effect September 1, 2021.