82R7566 KCR-F
	By: Hinojosa	S.B. No. 1530

	A BILL TO BE ENTITLED
	AN ACT
	relating to procedures for certain persons charged with certain new
	offenses or an administrative 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 508.254, Government Code, is amended by
	amending Subsection (c) and adding Subsections (d), (e), and (f) to
	read as follows:
	(c)  Except as provided by Subsection (d), pending [Pending]
	a hearing on a charge of parole violation, ineligible release, or
	violation of a condition of mandatory supervision, a person
	returned to custody shall remain confined.
	(d)  A magistrate of the county in which the person is held in
	custody may release the person on bond pending the hearing if:
	(1)  the person is arrested or held in custody only on a
	charge that the person:
	(A)  committed an administrative violation of
	release; or
	(B)  violated a condition of release by committing
	a new offense for which the person is eligible for release on bond,
	other than:
	(i)  an offense punishable as a felony;
	(ii)  an offense under Title 5 or Chapter 49,
	Penal Code, punishable as a Class B or Class A misdemeanor; or
	(iii)  an offense involving family violence,
	as defined by Section 71.004, Family Code;
	(2)  the division, in accordance with Subsection (e),
	included notice on the warrant for the person's arrest that the
	person is eligible for release on bond; and
	(3)  the magistrate determines that the person is not a
	threat to public safety.
	(e)  The division shall include a notice on the warrant for
	the person's arrest indicating that the person is eligible for
	release on bond under Subsection (d) if the division determines
	that the person:
	(1)  has not been previously convicted of:
	(A)  an offense under Chapter 29, Penal Code;
	(B)  an offense under Title 5, Penal Code,
	punishable as a felony; or
	(C)  an offense involving family violence, as
	defined by Section 71.004, Family Code;
	(2)  is not on intensive supervision or super-intensive
	supervision;
	(3)  is not an absconder; and
	(4)  is not a threat to public safety.
	(f)  The provisions of Chapters 17 and 22, Code of Criminal
	Procedure, apply to:
	(1)  a person released under Subsection (d) in the same
	manner as those provisions apply to a person released pending an
	appearance before a court or magistrate, except that the release
	under Subsection (d) is conditioned on the person's appearance at a
	hearing under Subchapter I; and
	(2)  the forfeiture of the bond of a person released
	under Subsection (d), except that forfeiture proceedings may be
	initiated on the failure of the person to appear at a hearing under
	Subchapter I.
	SECTION 2.  Chapter 17, Code of Criminal Procedure, is
	amended by adding Article 17.50 to read as follows:
	Art. 17.50.  APPLICATION OF CHAPTER TO RELEASEES. (a) In
	this article, "releasee" means a person who is subject to detention
	under warrant under Section 508.254, Government Code.
	(b)  Unless the context clearly requires otherwise, a
	provision of this chapter that refers to a defendant applies to a
	releasee in the same manner that the provision applies to a
	defendant.
	(c)  Unless the context clearly requires otherwise, a
	provision of this chapter that refers to a particular court or
	magistrate before which a defendant must appear applies to a
	releasee, except that entity before which the releasee must appear
	is the parole panel or the designated agent of the Board of Pardons
	and Paroles that will conduct a hearing concerning the releasee
	under Subchapter I, Chapter 508, Government Code.
	(d)  Notwithstanding Subdivision 3, Article 17.08, if a bail
	bond secures the appearance of a releasee at a hearing under
	Subchapter I, Chapter 508, Government Code, the bail bond must
	state that the releasee is accused of a violation of the conditions
	of the releasee's release from the Texas Department of Criminal
	Justice.
	SECTION 3.  Chapter 22, Code of Criminal Procedure, is
	amended by adding Article 22.19 to read as follows:
	Art. 22.19.  APPLICATION OF CHAPTER TO RELEASEES. (a) In
	this article, "releasee" means a person who is subject to detention
	under warrant under Section 508.254, Government Code.
	(b)  Unless the context clearly requires otherwise, a
	provision of this chapter that refers to a defendant applies to a
	releasee in the same manner that the provision applies to a
	defendant.
	(c)  Unless the context clearly requires otherwise, a
	provision of this chapter that refers to a particular court or
	magistrate before which a defendant must appear applies to a
	releasee, except that entity before which the releasee must appear
	is the parole panel or the designated agent of the Board of Pardons
	and Paroles that will conduct a hearing concerning the releasee
	under Subchapter I, Chapter 508, Government Code.
	(d)  Notwithstanding Article 22.02, if a bail bond or
	personal bond secures the appearance of a releasee at a hearing
	under Subchapter I, Chapter 508, Government Code, the requirement
	of that article that the defendant's name be called distinctly at
	the courthouse door is satisfied if the releasee's name is called
	distinctly at the door of the place at which the hearing under
	Subchapter I, Chapter 508, Government Code, is held.
	(e)  Notwithstanding Article 22.03(a), if the bail bond or
	personal bond to be forfeited secures the appearance of a releasee
	at a hearing under Subchapter I, Chapter 508, Government Code, the
	requirement of that article that a judgment be entered is satisfied
	if the person initiating bond forfeiture proceedings under this
	chapter files a petition alleging facts that, if true, support a
	final judgment of forfeiture.
	(f)  Notwithstanding any other law, if the bail bond or
	personal bond to be forfeited secures the appearance of a releasee
	at a hearing under Subchapter I, Chapter 508, Government Code, in
	addition to any other person authorized to initiate bond forfeiture
	proceedings under this chapter, the director of the pardon and
	paroles division of the Texas Department of Criminal Justice or the
	director's designee may initiate bond forfeiture proceedings under
	this chapter. Regardless of the person that initiates bond
	forfeiture proceedings under this chapter, any proceeds from a
	forfeiture shall be collected and deposited in the same manner as
	the proceeds from any other bond forfeited under this chapter.
	SECTION 4.  The change in law made by this Act applies only
	to a person who on or after the effective date of this Act is charged
	with a violation 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 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 5.  This Act takes effect September 1, 2011.