Texas 2023 - 88th Regular

Texas Senate Bill SB1004 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 1004
2	2
3	3
4	4	AN ACT
5	5	relating to creating the criminal offense of tampering with an
6	6	electronic monitoring device and to certain consequences on
7	7	conviction of that offense.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 38, Penal Code, is amended by adding
10	10	Section 38.112 to read as follows:
11	11	Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE.
12	12	(a) A person who is required to submit to electronic monitoring of
13	13	the person's location as part of an electronic monitoring program
14	14	under Article 42.035, Code of Criminal Procedure, or as a condition
15	15	of community supervision, parole, mandatory supervision, or
16	16	release on bail commits an offense if the person knowingly removes
17	17	or disables, or causes or conspires or cooperates with another
18	18	person to remove or disable, a tracking device that the person is
19	19	required to wear to enable the electronic monitoring of the
20	20	person's location.
21	21	(b) An offense under this section is a state jail felony,
22	22	except that the offense is a felony of the third degree if the
23	23	person is in the super-intensive supervision program described by
24	24	Section 508.317(d), Government Code.
25	25	(c) This section does not apply to the removal or disabling
26	26	of a tracking device by a health care provider, as defined by
27	27	Section 161.201, Health and Safety Code, due to medical necessity.
28	28	SECTION 2. Article 42.08, Code of Criminal Procedure, is
29	29	amended by adding Subsection (b-1) to read as follows:
30	30	(b-1)(1) A judge sentencing a defendant convicted of an
31	31	offense under Section 38.112, Penal Code, committed while on parole
32	32	or mandatory supervision may order the sentence for the offense to:
33	33	(A) run concurrently with the sentence for the
34	34	offense for which the defendant was released on parole or to
35	35	mandatory supervision; or
36	36	(B) if the defendant's parole or mandatory
37	37	supervision has been revoked, commence immediately on completion of
38	38	the sentence for the offense for which the defendant was released on
39	39	parole or to mandatory supervision.
40	40	(2) A judge who orders a sentence to be imposed
41	41	consecutively in the manner described by Subdivision (1)(B) shall,
42	42	on pronouncing the sentence, order the defendant transferred to the
43	43	custody of the Texas Department of Criminal Justice for purposes of
44	44	serving the applicable sentences consecutively as described by that
45	45	subdivision if the defendant has not been taken into custody by the
46	46	department following the revocation of the defendant's parole or
47	47	mandatory supervision.
48	48	SECTION 3. This Act takes effect September 1, 2023.
49	49	______________________________ ______________________________
50	50	President of the Senate Speaker of the House
51	51	I hereby certify that S.B. No. 1004 passed the Senate on
52	52	March 20, 2023, by the following vote: Yeas 31, Nays 0.
53	53	______________________________
54	54	Secretary of the Senate
55	55	I hereby certify that S.B. No. 1004 passed the House on
56	56	May 2, 2023, by the following vote: Yeas 142, Nays 2, one present
57	57	not voting.
58	58	______________________________
59	59	Chief Clerk of the House
60	60	Approved:
61	61	______________________________
62	62	Date
63	63	______________________________
64	64	Governor