|
|
|
|
AN ACT
|
|
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) [(A)] on intensive supervision or |
|
superintensive supervision; |
|
(ii) [(B)] an absconder; or |
|
(iii) [(C)] determined by the division to |
|
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 [third] anniversary of the date the |
|
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 [Immediately on conclusion of a
|
|
hearing in which the designated agent determines] that a releasee |
|
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 [the
|
|
action of a parole panel on any recommendations made by the
|
|
designated agent]; or [and] |
|
(2) [if subsequently ordered by the parole panel,] the |
|
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 |