Bill Text: TX SB790 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures applicable to the revocation of a person's release on parole or to mandatory supervision.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-15 - Effective on 9/1/15 [SB790 Detail]
Download: Texas-2015-SB790-Introduced.html
Bill Title: Relating to the procedures applicable to the revocation of a person's release on parole or to mandatory supervision.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2015-06-15 - Effective on 9/1/15 [SB790 Detail]
Download: Texas-2015-SB790-Introduced.html
84R9954 MEW-D | ||
By: Kolkhorst | S.B. No. 790 |
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relating to the procedures applicable to the revocation of a | ||
person's release 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 [ |
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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 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 that subsection is conditioned on the person's appearance at | ||
a hearing under this subchapter. | ||
SECTION 2. Section 508.281(c), Government Code, is amended | ||
to read as follows: | ||
(c) If a [ |
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determines that [ |
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appears in compliance with a summons[ |
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condition of release, the agent shall notify the board. After the | ||
board or a parole panel makes a final determination regarding the | ||
violation, the division may issue a warrant [ |
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requiring the releasee to be held in a [ |
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[ |
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[ |
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return of the releasee to the institution from which the releasee | ||
was released. | ||
SECTION 3. The change in law made by this Act in amending | ||
Section 508.254, Government Code, 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 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 4. The change in law made by this Act in amending | ||
Section 508.281(c), Government Code, applies only to a | ||
determination made by a designated agent of the Board of Pardons and | ||
Paroles on or after the effective date of this Act. A determination | ||
made before the effective date of this Act is governed by the law in | ||
effect on the date the determination was made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2015. |