Bill Text: TX HB3549 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to creating the criminal offense of tampering with an electronic monitoring device and to certain consequences on conviction of that offense.
Spectrum: Slight Partisan Bill (Democrat 13-7)
Status: (Introduced - Dead) 2023-03-21 - Left pending in committee [HB3549 Detail]
Download: Texas-2023-HB3549-Introduced.html
| 88R9579 MCF-D | ||
| By: Anchía | H.B. No. 3549 | |
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| relating to creating the criminal offense of tampering with an | ||
| electronic monitoring device and to certain consequences on | ||
| conviction of that offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 38, Penal Code, is amended by adding | ||
| Section 38.112 to read as follows: | ||
| Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE. | ||
| (a) A person who is required to submit to electronic monitoring of | ||
| the person's location as a condition of release on parole or to | ||
| mandatory supervision commits an offense if the person knowingly | ||
| removes or disables or attempts to remove or disable a tracking | ||
| device that the person is required to wear to enable the electronic | ||
| monitoring of the person's location. | ||
| (b) An offense under this section is a state jail felony. | ||
| SECTION 2. Article 42.08, Code of Criminal Procedure, is | ||
| amended by adding Subsection (b-1) to read as follows: | ||
| (b-1) A judge sentencing a defendant convicted of an offense | ||
| under Section 38.112, Penal Code, shall order the sentence for the | ||
| offense to commence immediately on completion of the sentence for | ||
| the offense for which the defendant was released on parole or to | ||
| mandatory supervision. The judge shall, on pronouncing the | ||
| sentence, order the defendant transferred to the custody of the | ||
| Texas Department of Criminal Justice for purposes of serving the | ||
| applicable sentences consecutively if the defendant has not been | ||
| taken into custody by the department following the automatic | ||
| revocation of the defendant's parole or mandatory supervision under | ||
| Section 508.285, Government Code. | ||
| SECTION 3. Subchapter I, Chapter 508, Government Code, is | ||
| amended by adding Section 508.285 to read as follows: | ||
| Sec. 508.285. AUTOMATIC REVOCATION ON CONVICTION OF | ||
| TAMPERING WITH ELECTRONIC MONITORING DEVICE. Notwithstanding any | ||
| other law, on a releasee's conviction of an offense under Section | ||
| 38.112, Penal Code, the releasee's parole or mandatory supervision | ||
| is automatically revoked and the sentence for which the releasee | ||
| was on parole or mandatory supervision may not be considered to have | ||
| ceased to operate for purposes of Article 42.08, Code of Criminal | ||
| Procedure. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
