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A BILL TO BE ENTITLED
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AN ACT
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relating to certain notices and information about certain releasees |
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from the Texas Department of Criminal Justice that are provided to |
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or made accessible to criminal justice agencies and to notification |
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of an executive clemency recommendation by the Board of Pardons and |
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Paroles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 508, Government Code, is |
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amended by adding Section 508.0505 to read as follows: |
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Sec. 508.0505. NOTIFICATION OF EXECUTIVE CLEMENCY |
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RECOMMENDATION. (a) Not later than the 11th day after the date the |
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board recommends that the governor grant executive clemency, the |
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board shall notify the sheriff, each chief of police, the |
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prosecuting attorneys, and the district judges in the county in |
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which the individual was convicted that the governor is considering |
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clemency. |
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(b) If the prosecution of a case was originated in a county |
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other than the county in which the conviction occurred, the board |
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shall also notify the officers listed in Subsection (a) who serve |
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the originating county, subject to the same deadline imposed by |
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Subsection (a). |
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(c) The notice under Subsection (a) or (b) must include: |
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(1) the individual's name, age, sex, and race; |
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(2) a photograph of the individual, if available; |
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(3) the county in which the individual was convicted; |
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and |
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(4) the offense for which the individual was |
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convicted. |
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(d) The notice under Subsection (a) or (b) must be provided |
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by e-mail or other electronic communication. |
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SECTION 2. Sections 508.115(a) and (d), Government Code, |
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are amended to read as follows: |
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(a) Not later than the 11th day before the date a parole |
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panel orders the release on parole of an inmate [or not later than
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the 11th day after the date the board recommends that the governor
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grant executive clemency], the division shall give notice in |
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accordance with Subsection (d) to [notify] the sheriffs, each chief |
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of police, the prosecuting attorneys, and the district judges in |
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the county in which the inmate was convicted and the county to which |
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the inmate is released that a parole panel is considering release on |
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parole [or the governor is considering clemency]. |
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(d) The notice must include [state]: |
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(1) the inmate's name, age, sex, and race; |
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(2) a photograph of the inmate; |
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(3) if applicable: |
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(A) the address at which the inmate will reside; |
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(B) the name of the inmate's parole supervisor or |
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the director of the halfway house to which the inmate is |
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transferred, as appropriate; and |
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(C) the rules or conditions of the inmate's |
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release; |
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(4) [(2)] the county in which the inmate was |
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convicted; and |
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(5) [(3)] the offense for which the inmate was |
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convicted. |
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SECTION 3. Subchapter D, Chapter 508, Government Code, is |
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amended by adding Section 508.120 to read as follows: |
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Sec. 508.120. RELEASEE DATABASE. (a) In this section, |
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"criminal justice agency" has the meaning assigned by Article |
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60.01, Code of Criminal Procedure. |
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(b) The division shall establish and maintain a database for |
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the purpose of providing real time information about releasees to |
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criminal justice agencies. |
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(c) The database: |
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(1) must contain the following information about a |
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releasee, to the extent that the information is available: |
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(A) a photograph; |
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(B) a physical description; |
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(C) gang affiliation; |
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(D) residential history; |
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(E) employment history; and |
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(F) the make, model, and license plate number of |
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any vehicle operated by the releasee; and |
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(2) must be updated as soon as practicable after a |
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parole officer learns of a change in any information described by |
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Subdivision (1). |
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(d) In establishing a database under this section, the |
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division may utilize an existing database that is maintained by the |
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department, including the corrections tracking system established |
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under Article 60.02, Code of Criminal Procedure. |
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SECTION 4. Subchapter H, Chapter 508, Government Code, is |
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amended by adding Section 508.2511 to read as follows: |
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Sec. 508.2511. NOTICE OF WARRANT ISSUANCE. The department |
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shall provide notice of a warrant issued under this subchapter to |
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each law enforcement agency whose jurisdiction includes the |
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residence of the releasee, according to the department's records. |
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SECTION 5. (a) Section 508.0505, Government Code, as added |
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by this Act, applies only to a recommendation by the Board of |
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Pardons and Paroles that the governor grant executive clemency that |
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is made on or after January 1, 2018. A recommendation by the Board |
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of Pardons and Paroles that the governor grant executive clemency |
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that is made before January 1, 2018, is governed by Section 508.115, |
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Government Code, as that law existed immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) Section 508.115, Government Code, as amended by this |
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Act, applies only to the consideration by a parole panel of the |
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release of an inmate or the transfer of an inmate to a halfway house |
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that occurs on or after January 1, 2018. The consideration by a |
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parole panel of the release or transfer of an inmate that occurs |
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before January 1, 2018, is governed by the law in effect immediately |
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before the effective date of this Act, and the former law is |
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continued in effect for that purpose. |
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(c) Section 508.2511, Government Code, as added by this Act, |
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applies only to a warrant issued under Subchapter H, Chapter 508, |
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Government Code, on or after January 1, 2018. |
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SECTION 6. Not later than January 1, 2018, the pardons and |
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paroles division of the Texas Department of Criminal Justice shall |
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establish the database required by Section 508.120, Government |
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Code, as added by this Act. |
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SECTION 7. This Act takes effect September 1, 2017. |