By: A. Johnson of Harris (Senate Sponsor - Whitmire) H.B. No. 1088
(In the Senate - Received from the House April 11, 2023;
April 13, 2023, read first time and referred to Committee on
Criminal Justice; May 3, 2023, reported favorably by the following
vote: Yeas 5, Nays 0; May 3, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the representation of a community supervision and
corrections department in cases in which a person under the
supervision of that department challenges the fact or duration of
the supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 76.006, Government Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The attorney general has the duty to defend a department
for suits for injunctive, declaratory, or monetary relief brought
against it for any action not covered by an indemnification policy,
except any action brought by the state or another political
subdivision.
(d-1) If a person under the supervision of a department
challenges the fact or duration of the supervision, the attorney
general or the district or county attorney with jurisdiction over
the offense for which the person is under supervision shall defend
the department or its employees. The attorney general must defend
the department or its employees in a case described by this
subsection if the district or county attorney is unable to defend
the department or its employees, as applicable. At the request of a
district or county attorney, the [The] attorney general may provide
assistance to the district or county attorney in defending [shall
not defend] a department or its employees in cases described by this
subsection [in which a person under supervision challenges the fact
or duration of the supervision].
SECTION 2. Section 76.006(d-1), Government Code, as added
by this Act, applies only to a case described by that subsection
that is initiated on or after the effective date of this Act. A case
that is initiated before the effective date of this Act is governed
by the law in effect on the date the case was initiated, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
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