S.B. No. 374
AN ACT
relating to the period for disposing of a charge that a person
violated a condition of release from the Texas Department of
Criminal Justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 508.282(a), Government Code, is amended
to read as follows:
(a) Except as provided by Subsection (b), a parole panel, a
designee of the board, or the department shall dispose of the
charges against an inmate or person described by Section
508.281(a):
(1) before the 41st day after the date on which[:
[(A)] a warrant issued as provided by Section
508.251 is executed, if the inmate or person is arrested only on a
charge that the inmate or person has committed an administrative
violation of a condition of release[, and the inmate or person is
not charged before the 41st day with the commission of an offense
described by Section 508.2811(2)(B)]; or
(2) before the 91st day after the date on which a
warrant issued as provided by Section 508.251 is executed, if:
(A) the inmate or person allegedly committed an
offense after release; and
(B) an indictment, information, or complaint for
the offense has not been filed in court [the sheriff having custody
of an inmate or person alleged to have committed an offense after
release notifies the department that:
[(i) the inmate or person has discharged
the sentence for the offense; or
[(ii) the prosecution of the alleged offense
has been dismissed by the attorney representing the state in the
manner provided by Article 32.02, Code of Criminal Procedure; or
[(2) within a reasonable time after the date on which
the inmate or person is returned to the custody of the department,
if:
[(A) immediately before the return the inmate or
person was in custody in another state or in a federal correctional
system; or
[(B) the inmate or person is transferred to the
custody of the department under Section 508.284].
SECTION 2. The change in law made by this Act applies only
to a person who on or after the effective date of this Act is charged
with a violation of a condition of the person's release. A person
who was charged with a violation of a condition of release before
the effective date of this Act is governed by the law in effect on
the date the person was charged with the violation, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 374 passed the Senate on
April 20, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 374 passed the House on
May 19, 2023, by the following vote: Yeas 130, Nays 13, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor