BILL ANALYSIS

S.B. 374

By: Huffman

Corrections

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Recent Texas Court of Criminal Appeals opinions have impacted the manner in which the Texas Department of Criminal Justice (TDCJ) and the Board of Pardons and Paroles (BPP) conduct revocation hearings for those who have committed a new criminal offense. By clarifying statute, the agencies will be in a better position to protect public safety and avoid interference with a criminal investigation and adjudication. S.B. 374 attempts to address this issue by aligning the district attorney's 90-day deadline to indict an individual on a criminal charge with the deadline for the TDCJ and the BPP to act on a parole warrant for a violation involving an alleged new crime.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 374 amends the Government Code to revise provisions relating to the period for disposing of a charge that a person violated a condition of release from the Texas Department of Criminal Justice (TDCJ) with respect to a releasee, a person released although ineligible for release, or a person granted conditional pardon who is entitled to a hearing before a parole panel or a designated agent of the Board of Pardons and Paroles (BPP). The bill removes the following preconditions for TDCJ to dispose of the applicable charges against such a person before the 41st day after the date on which a warrant for the return of the person is executed:

·         that the person is not charged before the 41st day after the date on which the warrant is executed of an offense other than a fine-only offense involving the operation of a motor vehicle; or

·         that the sheriff having custody of the person notifies TDCJ that the person has discharged the sentence for the offense or the prosecution of the alleged offense has been dismissed by the state's attorney.

The bill removes the precondition for TDCJ to dispose of the charges within a reasonable time after the date on which the inmate or person is returned to the custody of TDCJ that immediately before the return the person was in custody in another state or in a federal correctional system or is transferred to the custody of TDCJ pending the hearing regarding revocation of parole, mandatory supervision, or conditional pardon.

S.B. 374 provides for a parole panel, a designee of the BPP, or TDCJ to dispose of the charges against such a person on the 91st day after the date on which a warrant issued for the return of that inmate or person is executed if:

·         the inmate or person allegedly committed an offense after release; and

·         an indictment, information, or complaint for the offense has not been filed in court.

S.B. 374 applies only to a person who on or after the bill's effective date 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 bill's effective date 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.

EFFECTIVE DATE

September 1, 2023.