| 1 | 1 | | 87R9733 JRR-D |
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| 2 | 2 | | By: Huffman S.B. No. 1054 |
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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 mandatory conditions of community supervision, parole, |
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| 8 | 8 | | or mandatory supervision concerning certain searches. |
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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. Subchapter H, Chapter 42A, Code of Criminal |
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| 11 | 11 | | Procedure, is amended by adding Article 42A.353 to read as follows: |
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| 12 | 12 | | Art. 42A.353. CONSENT TO CERTAIN SEARCHES. (a) A judge |
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| 13 | 13 | | granting community supervision to a defendant convicted of a felony |
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| 14 | 14 | | shall require as a condition of community supervision that, at the |
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| 15 | 15 | | request of a supervision officer and regardless of whether the |
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| 16 | 16 | | officer has a warrant authorizing the search, the defendant allow |
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| 17 | 17 | | the requesting officer to search the defendant's person, vehicle, |
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| 18 | 18 | | or residence, including the curtilage of the residence, if the |
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| 19 | 19 | | requesting officer has reasonable suspicion that the defendant has |
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| 20 | 20 | | committed or is about to commit an offense or a violation of a |
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| 21 | 21 | | condition of community supervision. |
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| 22 | 22 | | (b) A search conducted pursuant to this article must be |
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| 23 | 23 | | conducted in a reasonable manner and may not be arbitrary, |
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| 24 | 24 | | capricious, or harassing. |
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| 25 | 25 | | (c) A supervision officer who conducts a search pursuant to |
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| 26 | 26 | | this article shall notify the judge that placed the person on |
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| 27 | 27 | | community supervision as soon as practicable after conducting the |
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| 28 | 28 | | search. |
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| 29 | 29 | | SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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| 30 | 30 | | amended by adding Section 508.193 to read as follows: |
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| 31 | 31 | | Sec. 508.193. CONSENT TO CERTAIN SEARCHES. (a) A parole |
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| 32 | 32 | | panel shall require as a condition of parole or mandatory |
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| 33 | 33 | | supervision that, at the request of a parole officer and regardless |
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| 34 | 34 | | of whether the officer has a warrant authorizing the search, a |
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| 35 | 35 | | releasee allow the requesting officer to search the releasee's |
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| 36 | 36 | | person, vehicle, or residence, including the curtilage of the |
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| 37 | 37 | | residence, if the requesting officer has reasonable suspicion that |
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| 38 | 38 | | the releasee has committed or is about to commit an offense or a |
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| 39 | 39 | | violation of a condition of parole or mandatory supervision. |
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| 40 | 40 | | (b) A search conducted pursuant to this section must be |
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| 41 | 41 | | conducted in a reasonable manner and may not be arbitrary, |
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| 42 | 42 | | capricious, or harassing. |
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| 43 | 43 | | (c) A parole officer who conducts a search pursuant to this |
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| 44 | 44 | | section shall notify the division as soon as practicable after |
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| 45 | 45 | | conducting the search. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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