Bill Text: TX SB1054 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to mandatory conditions of community supervision, parole, or mandatory supervision concerning certain searches.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [SB1054 Detail]
Download: Texas-2021-SB1054-Introduced.html
| 87R9733 JRR-D | ||
| By: Huffman | S.B. No. 1054 | |
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| relating to mandatory conditions of community supervision, parole, | ||
| or mandatory supervision concerning certain searches. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter H, Chapter 42A, Code of Criminal | ||
| Procedure, is amended by adding Article 42A.353 to read as follows: | ||
| Art. 42A.353. CONSENT TO CERTAIN SEARCHES. (a) A judge | ||
| granting community supervision to a defendant convicted of a felony | ||
| shall require as a condition of community supervision that, at the | ||
| request of a supervision officer and regardless of whether the | ||
| officer has a warrant authorizing the search, the defendant allow | ||
| the requesting officer to search the defendant's person, vehicle, | ||
| or residence, including the curtilage of the residence, if the | ||
| requesting officer has reasonable suspicion that the defendant has | ||
| committed or is about to commit an offense or a violation of a | ||
| condition of community supervision. | ||
| (b) A search conducted pursuant to this article must be | ||
| conducted in a reasonable manner and may not be arbitrary, | ||
| capricious, or harassing. | ||
| (c) A supervision officer who conducts a search pursuant to | ||
| this article shall notify the judge that placed the person on | ||
| community supervision as soon as practicable after conducting the | ||
| search. | ||
| SECTION 2. Subchapter F, Chapter 508, Government Code, is | ||
| amended by adding Section 508.193 to read as follows: | ||
| Sec. 508.193. CONSENT TO CERTAIN SEARCHES. (a) A parole | ||
| panel shall require as a condition of parole or mandatory | ||
| supervision that, at the request of a parole officer and regardless | ||
| of whether the officer has a warrant authorizing the search, a | ||
| releasee allow the requesting officer to search the releasee's | ||
| person, vehicle, or residence, including the curtilage of the | ||
| residence, if the requesting officer has reasonable suspicion that | ||
| the releasee has committed or is about to commit an offense or a | ||
| violation of a condition of parole or mandatory supervision. | ||
| (b) A search conducted pursuant to this section must be | ||
| conducted in a reasonable manner and may not be arbitrary, | ||
| capricious, or harassing. | ||
| (c) A parole officer who conducts a search pursuant to this | ||
| section shall notify the division as soon as practicable after | ||
| conducting the search. | ||
| SECTION 3. This Act takes effect September 1, 2021. | ||
