Bill Text: TX SB1004 | 2023-2024 | 88th Legislature | Enrolled
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: Bipartisan Bill
Status: (Passed) 2023-05-15 - Effective on 9/1/23 [SB1004 Detail]
Download: Texas-2023-SB1004-Enrolled.html
| S.B. No. 1004 | ||
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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 part of an electronic monitoring program | ||
| under Article 42.035, Code of Criminal Procedure, or as a condition | ||
| of community supervision, parole, mandatory supervision, or | ||
| release on bail commits an offense if the person knowingly removes | ||
| or disables, or causes or conspires or cooperates with another | ||
| person 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, | ||
| except that the offense is a felony of the third degree if the | ||
| person is in the super-intensive supervision program described by | ||
| Section 508.317(d), Government Code. | ||
| (c) This section does not apply to the removal or disabling | ||
| of a tracking device by a health care provider, as defined by | ||
| Section 161.201, Health and Safety Code, due to medical necessity. | ||
| SECTION 2. Article 42.08, Code of Criminal Procedure, is | ||
| amended by adding Subsection (b-1) to read as follows: | ||
| (b-1)(1) A judge sentencing a defendant convicted of an | ||
| offense under Section 38.112, Penal Code, committed while on parole | ||
| or mandatory supervision may order the sentence for the offense to: | ||
| (A) run concurrently with the sentence for the | ||
| offense for which the defendant was released on parole or to | ||
| mandatory supervision; or | ||
| (B) if the defendant's parole or mandatory | ||
| supervision has been revoked, commence immediately on completion of | ||
| the sentence for the offense for which the defendant was released on | ||
| parole or to mandatory supervision. | ||
| (2) A judge who orders a sentence to be imposed | ||
| consecutively in the manner described by Subdivision (1)(B) 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 as described by that | ||
| subdivision if the defendant has not been taken into custody by the | ||
| department following the revocation of the defendant's parole or | ||
| mandatory supervision. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1004 passed the Senate on | ||
| March 20, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1004 passed the House on | ||
| May 2, 2023, by the following vote: Yeas 142, Nays 2, one present | ||
| not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
