Bill Text: TX HB710 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to procedures for certain persons charged with a violation of a condition of release from the Texas Department of Criminal Justice on parole or to mandatory supervision.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB710 Detail]
Download: Texas-2015-HB710-Enrolled.html
H.B. No. 710 |
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relating to procedures for certain persons charged with a violation | ||
of a condition of release from the Texas Department of Criminal | ||
Justice on parole or to mandatory supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 508.251(c), Government Code, is amended | ||
to read as follows: | ||
(c) Instead of the issuance of a warrant under this section, | ||
the division: | ||
(1) may issue to the person a summons requiring the | ||
person to appear for a hearing under Section 508.281 if the person: | ||
(A) is not a releasee who is: | ||
(i) [ |
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superintensive supervision; | ||
(ii) [ |
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(iii) [ |
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be a threat to public safety; or | ||
(B) is charged only with committing a new offense | ||
that is alleged to have been committed after the first anniversary | ||
of the date the person was released on parole or to mandatory | ||
supervision if: | ||
(i) the new offense is a Class C misdemeanor | ||
under the Penal Code, other than an offense committed against a | ||
child younger than 17 years of age or an offense involving family | ||
violence, as defined by Section 71.004, Family Code; | ||
(ii) the person has maintained steady | ||
employment for at least one year; | ||
(iii) the person has maintained a stable | ||
residence for at least one year; and | ||
(iv) the person has not previously been | ||
charged with an offense after the person was released on parole or | ||
to mandatory supervision; and | ||
(2) shall issue to the person a summons requiring the | ||
person to appear for a hearing under Section 508.281 if the person: | ||
(A) is charged only with committing an | ||
administrative violation of release that is alleged to have been | ||
committed after the first [ |
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person was released on parole or to mandatory supervision; | ||
(B) is not serving a sentence for, and has not | ||
been previously convicted of, an offense listed in or described by | ||
Article 62.001(5), Code of Criminal Procedure; and | ||
(C) is not a releasee with respect to whom a | ||
summons may not be issued under Subdivision (1). | ||
SECTION 2. Section 508.281(c), Government Code, is amended | ||
to read as follows: | ||
(c) If a hearing before a designated agent of the board is | ||
held under this section for a releasee who appears in compliance | ||
with a summons, the sheriff of the county in which the releasee is | ||
required to appear shall provide the designated agent with a place | ||
at the county jail to hold the hearing. After the board or a parole | ||
panel makes a final determination [ |
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has violated a condition of release, a warrant may be issued | ||
requiring the releasee to be held in the county jail pending: | ||
(1) transfer to an intermediate sanction facility [ |
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(2) [ |
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return of the releasee to the institution from which the releasee | ||
was released. | ||
SECTION 3. The change in law made by this Act in amending | ||
Section 508.251(c), Government Code, applies only to a person who | ||
on or after the effective date of this Act is charged with a | ||
violation of the terms of the person's release on parole or to | ||
mandatory supervision. A person who before the effective date of | ||
this Act was charged with a violation of the terms of the person's | ||
release is governed by the law in effect when the violation was | ||
charged, and the former law is continued in effect for that purpose. | ||
SECTION 4. The change in law made by this Act in amending | ||
Section 508.281(c), Government Code, applies only to a hearing held | ||
on or after the effective date of this Act. A hearing held before | ||
the effective date of this Act is governed by the law in effect on | ||
the date the hearing was held, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 710 was passed by the House on May 7, | ||
2015, by the following vote: Yeas 139, Nays 4, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 710 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |