HBA-NIK H.B. 3362 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3362 By: Talton Corrections 4/5/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law provides for mandatory supervision, under which inmates of the Texas Criminal Justice system are released from prison when their "good time" plus their time served in prison equals their full sentence. The scope of mandatory supervision was narrowed in 1987, when certain violent offenders were made ineligible for mandatory supervision, and again in 1996 when nonviolent offenders were made subject to Parole Board review. Both of these modifications applied only to offenders who committed their crimes after the effective date of those measures. H.B. 3362 makes inmates subject to the Parole Board review regardless of the date of their offense unless they were imprisoned for an offense committed before August 29, 1977. As proposed, H.B. 3362 repeals release to mandatory supervision and to parole procedures applicable to certain inmates of the Texas Department of Criminal Justice. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Repealer: Sections 508.147 (Release to Mandatory Supervision), 508.148 (Period of Mandatory Supervision), and 508.149 (Inmates Ineligible for Mandatory Supervision), Government Code. SECTION 2. Amends Section 508.001, Government Code, to delete the definition of "mandatory supervision." Redefines of "parole officer" and "releasee." SECTION 3. Amends Section 508.002, Government Code, to make conforming and nonsubstantive changes. SECTION 4. Amends Sections 508.044(b), (c), and (d), Government Code, to make conforming and nonsubstantive changes. SECTION 5. Amends Sections 508.045(a) and (c), Government Code, to make conforming and nonsubstantive changes. SECTION 6. Amends Sections 508.119(a) and (i), Government Code, to make conforming changes. SECTION 7. Amends Section 508.143, Government Code, to make conforming and nonsubstantive changes. SECTION 8. Amends Section 508.154, Government Code, to delete the requirement that an inmate released to mandatory supervision be furnished a written statement stating in clear and intelligible language the conditions and rules of mandatory supervision. Makes conforming and nonsubstantive changes. SECTION 9. Amends Section 508.155(c), Government Code, to make a conforming change. SECTION 10. Amends Section 508.181, Government Code, to make conforming changes. SECTION 11. Amends Sections 508.182(a), (b), and (f), Government Code, to delete reference to the supervisor as one to whom the inmate must report as a condition of the inmate's release. Makes a conforming change. SECTION 12. Amends section 508.183, Government Code, to make conforming changes. SECTION 13. Amends Section 508.184(a), Government Code, to make a conforming change. SECTION 14. Amends Section 508.185(a), Government Code, to make a conforming change. SECTION 15. Amends Sections 508.186(a) and (c), Government Code, to make conforming changes. SECTION 16. Amends Section 508.187(b), Government Code, to make a conforming change. SECTION 17. Amends Section 508.188, Government Code, to make a conforming change. SECTION 18. Amends Section 508.189(a), Government Code, to make a conforming change. SECTION 19. Amends Section 508.221, Government Code, to make a conforming change. SECTION 20. Amends Section 508.222, Government Code, to make a conforming change. SECTION 21. Amends Section 508.223, Government Code, to make a conforming change. SECTION 22. Amends Section 508.224, Government Code, to make a conforming change. SECTION 23. Amends Section 508.251(a), Government Code, to make a conforming change. SECTION 24. Amends Section 508.253, Government Code, to make a conforming change. SECTION 25. Amends Section 508.254(c), Government Code, to make conforming and nonsubstantive changes. SECTION 26. Amends Section 508.281, Government Code, to make conforming changes. SECTION 27. Amends Section 508.282(c), Government Code, to make a conforming change. SECTION 28. Amends Section 508.283, Government Code, to make conforming changes. SECTION 29. Amends Sections 508.313(a) and (b) Government Code, to make conforming changes. SECTION 30. Amends Section 508.322(a), Government Code, to make a conforming change. SECTION 31. Amends Article 42.037(h), Code of Criminal Procedure, to require the court or the Board of Pardons and Paroles to order the payment of restitution ordered under this article as a condition of community supervision or parole, rather than probation, parole, or mandatory supervision. Makes conforming changes. SECTION 32. Amends Section 8(d), Article 42.09, Code of Criminal Procedure, to make a conforming change. SECTION 33. Amends Article 43.101(a), Code of Criminal Procedure, to make a conforming change. SECTION 34. Amends Article 60.052(c), Code of Criminal Procedure, to make conforming changes. SECTION 35. Amends Section 406.009(e), Government Code, to make conforming changes. SECTION 36. Amends Sections 413.016(a) and (b), Government Code, to make conforming changes. SECTION 37. Amends Section 466.155(a), Government Code, to make conforming changes. SECTION 38. Amends Section 493.015(g), Government Code, to make conforming changes. SECTION 39. Amends Section 497.010(a), Government Code, to make a conforming change. SECTION 40. Amends Section 497.094(a), Government Code, to make a conforming change. SECTION 41. Amends Sections 498.003(a) and (c), Government Code, to make conforming changes. SECTION 42. Amends Sections 498.004(b), Government Code, as amended by Section 4, Chapter 249, Acts of the 74th Legislature, 1995, to make a conforming change. SECTION 43. Amends Section 498.004(b), Government Code, as amended by Section 1.049, Chapter 321, Acts of the 74th Legislature, 1995, to make a conforming change. SECTION 44. Amends Section 499.002(a), Government Code, to make a conforming change. SECTION 45. Amends Section 499.025(b), Government Code, to make conforming changes. SECTION 46. Amends Section 499.053(c), Government Code, to make a conforming change. SECTION 47. Amends Section 499.122, Government Code, to make conforming changes. SECTION 48. Amends Sections 499.123(a) and (c), Government Code, to make conforming changes. SECTION 49. Amends Section 499.126(a), Government Code, to make conforming changes. SECTION 50. Amends Section 499.152, Government Code, to make conforming changes. SECTION 51. Amends Sections 499.155(b) and (c), Government Code, to make conforming changes. SECTION 52. Amends Sections 501.015(a) and (b), Government Code, to make conforming changes. SECTION 53. Amends Section 501.016(a), Government Code, to make a conforming change. SECTION 54. Amends Section 501.054(g), Government Code, to make conforming changes. SECTION 55. Amends Section 501.0931(d), Government Code, to make a conforming change. SECTION 56. Amends Section 511.0101(a), Government Code, to make a conforming change. SECTION 57. Amends Sections 575.016(a), Government Code, to make conforming changes. SECTION 58. Amends Section 46.04(a), Penal Code, to make a conforming change. SECTION 59. Amends Section 46.06(a), Penal Code, to make a conforming change. SECTION 60. Amends Sections 13(c), (1), and (q), Article 179d, V.T.C.S. (Bingo Enabling Act), to make conforming changes. SECTION 61. Amends Section 13a(c), Article 179d, V.T.C.S. (Bingo Enabling Act), to make conforming changes. SECTION 62. Amends Section 13b(c), Article 179d, V.T.C.S. (Bingo Enabling Act), to make conforming and nonsubstantive changes. SECTION 63. Amends Section 3(a), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to make conforming and nonsubstantive changes. SECTION 64. Amends Section 4(e), Article 6252-13c, V.T.C.S., to make conforming changes. SECTION 65. Amends Article 62.01(4), Code of Criminal Procedure, to make a conforming change. SECTION 66. Amends Article 62.02(b), Code of Criminal Procedure, to make a conforming change. SECTION 67. (a) Provides that in accordance with Section 311.031(c), Government Code, which gives effect to a substantive amendment enacted by the same legislature that codifies the amended statute, the text of: (1) Sections 508.001, 508.044(c) and (d), and 508.281(a), Government Code, as set out in Sections 2, 4, and 26 of this Act, respectively, give effect to changes made by Chapter 161, Acts of the 75th Legislature, Regular Session, 1997; (2) Section 508.119(i), Government Code, as set out in Section 6 of this Act, gives effect to changes made by Chapter 478, Acts of the 75th Legislature, Regular Session, 1997; (3) Section 508.181(g), Government Code, as set out in Section 10 of this Act, gives effect to changes made by Chapter 836, Acts of the 75th Legislature, Regular Session, 1997; (4) Section 508.181(h), Government Code, as set out in Section 10 of this Act, gives effect to changes made by Chapter 480, Acts of the 75th Legislature, Regular Session, 1997; (5) Section 508.186(a), Government Code, as set out in Section 15 of this Act, gives effect to changes made by Chapter 668, Acts of the 75th Legislature, Regular Session, 1997; (6) Section 508.223, Government Code, as set out in Section 21 of this Act, gives effect to changes made by Chapters 1 and 188, Acts of the 75th Legislature, Regular Session, 1997; and (7) Sections 508.281(a), 508.282(c), and 508.283, Government Code, as set out in Sections 26, 27, and 28 of this Act, respectively, give effect to changes made by Chapter 429, Acts of the 75th Legislature, Regular Session, 1997. (b) Provides that, to the extent of any conflict, this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions and corrections in enacted codes. SECTION 68. Provides that this Act applies only to an inmate who is released on or after the effective date of this Act, regardless of whether the offense was committed before, on, or after that date, except that this Act does not apply to an inmate imprisoned for an offense committed before August 29, 1977 SECTION 69. Effective date: September 1, 1999. SECTION 70. Emergency clause.