Bill Text: TX HB1614 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the use of certain technologies to supervise a defendant placed on community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-09 - Referred to Corrections [HB1614 Detail]
Download: Texas-2021-HB1614-Introduced.html
87R6238 JRR-F | ||
By: Collier | H.B. No. 1614 |
|
||
|
||
relating to the use of certain technologies to supervise a | ||
defendant placed on community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.001(3), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(3) "Electronic monitoring" includes voice tracking | ||
systems, position tracking systems, position location systems, | ||
biometric tracking systems, mobile applications, and any other | ||
electronic or telecommunications system that may be used to assist | ||
in the supervision of defendants under this chapter. | ||
SECTION 2. The heading to Section 76.019, Government Code, | ||
is amended to read as follows: | ||
Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS; | ||
ELECTRONIC MONITORING. | ||
SECTION 3. Section 76.019, Government Code, is amended by | ||
adding Subsections (c) and (d) to read as follows: | ||
(c) A department may use electronic monitoring, as defined | ||
by Article 42A.001, Code of Criminal Procedure, to conduct virtual | ||
check-ins of the defendant in lieu of in-person check-ins. The | ||
electronic monitoring may include the use of a biometric mobile | ||
application with remote check-in capability that provides | ||
verifiable location data of the defendant at the time of the virtual | ||
check-in. | ||
(d) Electronic messages and videoconferences between a | ||
defendant and an officer supervising the defendant must be: | ||
(1) saved as a permanent electronic record; | ||
(2) encrypted; | ||
(3) compliant with the Health Insurance Portability | ||
and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.); | ||
and | ||
(4) incapable of being deleted or altered by the | ||
defendant or the officer. | ||
SECTION 4. Section 509.011, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) The division may not reduce the amount of funding | ||
payable to a department under Subsection (a) based on the | ||
department's use of videoconference technology in lieu of in-person | ||
meetings or visits with a defendant or use of electronic monitoring | ||
of the defendant as provided by Section 76.019. | ||
SECTION 5. This Act takes effect September 1, 2021. |