| 1 | 1 | | 88R10216 MCF-D |
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| 2 | 2 | | By: AnchÃa, Sherman, Sr., Howard, Frazier, H.B. No. 3547 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the required approval of certain hospital visits as a |
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| 9 | 9 | | condition of release on parole or to mandatory supervision for |
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| 10 | 10 | | certain releasees and to the hospital's liability for damages |
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| 11 | 11 | | resulting from those visits. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. This Act may be cited as the Pokuaa-Flowers Act. |
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| 14 | 14 | | SECTION 2. Subchapter F, Chapter 508, Government Code, is |
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| 15 | 15 | | amended by adding Section 508.193 to read as follows: |
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| 16 | 16 | | Sec. 508.193. REQUIRED APPROVAL OF CERTAIN HOSPITAL VISITS. |
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| 17 | 17 | | (a) A parole panel that requires a releasee serving a sentence for |
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| 18 | 18 | | an offense listed in Article 42A.054(a), Code of Criminal |
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| 19 | 19 | | Procedure, or for which the judgment contains an affirmative |
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| 20 | 20 | | finding under Article 42A.054(c) or (d), Code of Criminal |
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| 21 | 21 | | Procedure, to submit to electronic monitoring as a condition of |
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| 22 | 22 | | release on parole or to mandatory supervision shall, as an |
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| 23 | 23 | | additional condition of release, prohibit the releasee from |
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| 24 | 24 | | visiting a hospital for a purpose other than to receive emergency |
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| 25 | 25 | | medical care unless the parole officer supervising the releasee |
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| 26 | 26 | | approves the releasee's request to visit the hospital prior to the |
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| 27 | 27 | | visit. |
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| 28 | 28 | | (b) A releasee's request to visit a hospital must specify |
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| 29 | 29 | | the date and time of the intended visit and the reason for the |
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| 30 | 30 | | visit. |
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| 31 | 31 | | (c) A parole officer who approves a visit under Subsection |
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| 32 | 32 | | (a) shall promptly notify the chief law enforcement officer for the |
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| 33 | 33 | | hospital, or a local law enforcement agency if the hospital does not |
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| 34 | 34 | | employ any peace officers, of the date and time of the releasee's |
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| 35 | 35 | | intended visit. |
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| 36 | 36 | | (d) On a finding by the division that a parole officer |
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| 37 | 37 | | intentionally failed to comply with the requirements of Subsection |
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| 38 | 38 | | (c), the division shall begin disciplinary procedures against the |
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| 39 | 39 | | officer. |
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| 40 | 40 | | (e) Notwithstanding any other law, a hospital is not liable |
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| 41 | 41 | | to a patient or another person for damages resulting from a visit by |
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| 42 | 42 | | a releasee described by Subsection (a). |
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| 43 | 43 | | SECTION 3. Section 508.193, Government Code, as added by |
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| 44 | 44 | | this Act, applies only to a person who is released on parole or to |
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| 45 | 45 | | mandatory supervision on or after the effective date of this Act. A |
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| 46 | 46 | | person who is released on parole or to mandatory supervision before |
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| 47 | 47 | | the effective date of this Act is governed by the law in effect at |
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| 48 | 48 | | the time of release, and the former law is continued in effect for |
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| 49 | 49 | | that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2023. |
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