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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of certain technologies to supervise a |
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defendant placed on community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.001(3), Code of Criminal Procedure, |
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is amended to read as follows: |
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(3) "Electronic monitoring" includes voice tracking |
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systems, position tracking systems, position location systems, |
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biometric tracking systems, mobile applications, and any other |
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electronic or telecommunications system that may be used to assist |
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in the supervision of defendants under this chapter. |
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SECTION 2. The heading to Section 76.019, Government Code, |
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is amended to read as follows: |
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Sec. 76.019. SUPERVISION OFFICER MEETINGS AND VISITS; |
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ELECTRONIC MONITORING. |
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SECTION 3. Section 76.019, Government Code, is amended by |
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adding Subsections (c) and (d) to read as follows: |
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(c) A department may use electronic monitoring, as defined |
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by Article 42A.001, Code of Criminal Procedure, to conduct virtual |
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check-ins of the defendant in lieu of in-person check-ins. The |
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electronic monitoring may include the use of a biometric mobile |
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application with remote check-in capability that provides |
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verifiable location data of the defendant at the time of the virtual |
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check-in. |
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(d) Electronic messages and videoconferences between a |
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defendant and an officer supervising the defendant must be: |
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(1) saved as a permanent electronic record; |
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(2) encrypted; |
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(3) compliant with the Health Insurance Portability |
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and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.); |
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and |
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(4) incapable of being deleted or altered by the |
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defendant or the officer. |
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SECTION 4. Section 509.011, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The division may not reduce the amount of funding |
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payable to a department under Subsection (a) based on the |
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department's use of videoconference technology in lieu of in-person |
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meetings or visits with a defendant or use of electronic monitoring |
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of the defendant as provided by Section 76.019. |
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SECTION 5. This Act takes effect September 1, 2021. |