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


Office of House Bill AnalysisC.S.H.B. 854
By: Capelo
Corrections
3/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Criminal Justice (TDCJ) 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, TDCJ 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 TDCJ
if it wants to place a detainer on the inmate. C.S.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, providing 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, providing for
extradition of the defendant. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. modifies the original bill in SECTION 1 [Section 493.0145,
Government Code] by introducing the new title to "Identification of Inmates
Subject to Arrest Warrant," rather than "Identification of Inmates Subject
to Warrant From Another Jurisdiction."  Requires the Texas Department of
Criminal Justice (TDCJ)  to check whether the inmate is the subject of an
arrest  warrant, rather than subject to an arrest warrant issued by a court
having jurisdiction outside of this state. Requires TDCJ, in conducting the
criminal history check, to allow sufficient time for complying with any
requirements in notifying the proper authorities of the inmate's discharge
or release and, if necessary, providing for the extradition of the inmate.
The phrase, "if necessary," does not appear in the original bill. 

The substitute in SECTION 2 differs from the original by amending
Subchapter B, Chapter 507, Government Code, to add Section 507.032, which
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, providing for
extradition of the defendant.  Section 507.032, Government Code, does not
appear in the original bill. 

C.S.H.B. 854 redesignates SECTIONS 2 and 3 of the original bill to SECTIONS
3 and 4.