88R9579 MCF-D
By: AnchÃa H.B. No. 3549
A BILL TO BE ENTITLED
AN ACT
relating to creating the criminal offense of tampering with an
electronic monitoring device and to certain consequences on
conviction of that offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Penal Code, is amended by adding
Section 38.112 to read as follows:
Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE.
(a) A person who is required to submit to electronic monitoring of
the person's location as a condition of release on parole or to
mandatory supervision commits an offense if the person knowingly
removes or disables or attempts to remove or disable a tracking
device that the person is required to wear to enable the electronic
monitoring of the person's location.
(b) An offense under this section is a state jail felony.
SECTION 2. Article 42.08, Code of Criminal Procedure, is
amended by adding Subsection (b-1) to read as follows:
(b-1) A judge sentencing a defendant convicted of an offense
under Section 38.112, Penal Code, shall order the sentence for the
offense to commence immediately on completion of the sentence for
the offense for which the defendant was released on parole or to
mandatory supervision. The judge shall, on pronouncing the
sentence, order the defendant transferred to the custody of the
Texas Department of Criminal Justice for purposes of serving the
applicable sentences consecutively if the defendant has not been
taken into custody by the department following the automatic
revocation of the defendant's parole or mandatory supervision under
Section 508.285, Government Code.
SECTION 3. Subchapter I, Chapter 508, Government Code, is
amended by adding Section 508.285 to read as follows:
Sec. 508.285. AUTOMATIC REVOCATION ON CONVICTION OF
TAMPERING WITH ELECTRONIC MONITORING DEVICE. Notwithstanding any
other law, on a releasee's conviction of an offense under Section
38.112, Penal Code, the releasee's parole or mandatory supervision
is automatically revoked and the sentence for which the releasee
was on parole or mandatory supervision may not be considered to have
ceased to operate for purposes of Article 42.08, Code of Criminal
Procedure.
SECTION 4. This Act takes effect September 1, 2023.