HBA-MPM, NIK, PDH H.B. 854 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 854
By: Capelo
Corrections
8/12/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Legislature, the Texas Department of Criminal Justice
(TDCJ) conducted a Texas Crime Information Center/National Crime
Information Center criminal history check on all new admissions to the
prison system.  If there was an outstanding warrant, TDCJ contacted the
appropriate jurisdiction to ask whether it wished to place a detainer on
the inmate. If a warrant was issued after an inmate entered the prison
system, the entity placing the warrant could verify that the inmate was
incarcerated in TDCJ and contact TDCJ if it wanted to place a detainer on
the inmate. H.B. 854 requires TDCJ to check for warrants at the time of
release to insure that outstanding warrants are addressed before releasing
an inmate or defendant 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 Chapter 493, Government Code, by adding Section
493.0145, as follows: 

Sec. 493.0145.  IDENTIFICATION OF INMATES SUBJECT TO ARREST WARRANT FROM
ANOTHER JURISDICTION.  Requires the Texas Department of Criminal Justice
(TDCJ), prior to the inmate being released on parole or mandatory
supervision, to conduct a criminal history record check to determine
whether an inmate is the subject of an arrest warrant.  Requires TDCJ to
allow sufficient time for compliance with any requirements related to
notifying the proper authorities of the inmate's discharge or release and,
if necessary, processing a demand for extradition of the inmate. 

SECTION 2.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 TDCJ to conduct a criminal history record check for any
outstanding arrest warrants before a defendant is released from confinement
in a state jail felony facility. Requires TDCJ to allow sufficient time for
compliance with any requirements relating to notifying the proper
authorities of the defendant's release, and if necessary, processing a
demand for extradition of the defendant. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.