HBA-NIK H.B. 1858 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1858
By: Capelo
Corrections
3/8/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Criminal Justice (TDCJ) State Jail
Division conducts a Texas Crime Information Center/National Crime
Information Center criminal history check on all new admissions to the
prison system.  Should there be an outstanding warrant, the department
contacts the appropriate jurisdiction to ask whether it wishes to place a
detainer on the inmate. If a warrant is issued after an inmate has entered
the prison system, the entity placing the warrant can verify that the
inmate is incarcerated in TDCJ and contact the department if it wants to
place a detainer on the inmate. This bill requires TDCJ to check for
warrants at the time of release to insure that outstanding warrants are
addressed before releasing the inmate from custody. 

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. Amends Subchapter B, Chapter 507, Government Code, by adding
Section 507.032, as follows: 

Sec. 507.032  IDENTIFICATION OF DEFENDANTS SUBJECT TO ARREST WARRANT.
Requires the Texas Department of Criminal Justice (department) to conduct a
criminal  history record check to determine whether the defendant is the
subject of an arrest warrant before a defendant is released from
confinement in a state jail facility.  Requires the department to allow
sufficient time for compliance with any requirements related to notifying
the proper authorities of the defendant's release and, if necessary,
providing for extradition of the defendant. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.