Bill Text: TX SB1570 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the effect of certain felony convictions of certain corrections employees.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-06-10 - Effective immediately [SB1570 Detail]
Download: Texas-2019-SB1570-Enrolled.html
S.B. No. 1570 |
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relating to the effect of certain felony convictions of certain | ||
corrections employees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 810, Government Code, is amended by | ||
adding Section 810.004 to read as follows: | ||
Sec. 810.004. CERTAIN CORRECTIONS EMPLOYEES INELIGIBLE FOR | ||
RETIREMENT ANNUITY. (a) In this section: | ||
(1) "Governing body of a public retirement system" and | ||
"public retirement system" have the meanings assigned by Section | ||
802.001. | ||
(2) "Qualifying felony" means any felony involving an | ||
incarcerated member of a criminal street gang as defined by Section | ||
71.01, Penal Code, including: | ||
(A) bribery; | ||
(B) the embezzlement, extortion, or other theft | ||
of public money; | ||
(C) perjury; | ||
(D) engaging in organized criminal activity; | ||
(E) tampering with governmental record; | ||
(F) misuse of official information; | ||
(G) abuse of official capacity; or | ||
(H) conspiracy or the attempt to commit any of | ||
the offenses described by Paragraphs (A)-(G). | ||
(b) This section applies only to a person who is: | ||
(1) a member of the employee class of the Employees | ||
Retirement System of Texas as described by Section 812.003 because | ||
the person serves as a corrections officer for the Texas Department | ||
of Criminal Justice or the Texas Juvenile Justice Department; or | ||
(2) otherwise eligible for membership in a public | ||
retirement system wholly or partly because the person served as a | ||
corrections officer for the Texas Department of Criminal Justice or | ||
the Texas Juvenile Justice Department. | ||
(c) Except as provided by Subsection (d), a member of a | ||
public retirement system is not eligible to receive a service | ||
retirement annuity under the retirement system if the member is | ||
convicted of a qualifying felony for conduct arising directly from | ||
the member's service as a corrections officer. | ||
(d) The retirement system, on receipt of notice of a | ||
conviction under Subsection (j), any similar notice of a conviction | ||
of a qualifying felony from a United States district court or United | ||
States attorney, or any other information that the retirement | ||
system determines by rule is sufficient to establish a conviction | ||
of a qualifying felony, shall suspend payments of a service | ||
retirement annuity to a person the system determines is ineligible | ||
to receive the annuity under Subsection (c). A person whose | ||
conviction is overturned on appeal or who meets the requirements | ||
for innocence under Section 103.001(a)(2), Civil Practice and | ||
Remedies Code: | ||
(1) is entitled to receive an amount equal to the | ||
accrued total of payments and interest earned on the payments | ||
withheld during the suspension period; and | ||
(2) may resume receipt of annuity payments on payment | ||
to the retirement system of an amount equal to the contributions | ||
refunded to the person under Subsection (e). | ||
(e) A member who is ineligible to receive a service | ||
retirement annuity under Subsection (c) is entitled to a refund of | ||
the member's service retirement annuity contributions, including | ||
interest earned on those contributions. A refund under this | ||
subsection is subject to an award of all or part of the member's | ||
service retirement annuity contributions to a former spouse, | ||
including as a just and right division of the contributions on | ||
divorce, payment of child support, or payment of spousal | ||
maintenance or contractual alimony or other order of a court. | ||
(f) Benefits payable to an alternate payee under Chapter 804 | ||
who is recognized by a qualified domestic relations order | ||
established before the effective date of this subsection are not | ||
affected by a member's ineligibility to receive a service | ||
retirement annuity under Subsection (c). | ||
(g) On conviction of a member for a qualifying felony: | ||
(1) a court may, in the same manner as in a divorce or | ||
annulment proceeding, make a just and right division of the | ||
member's service retirement annuity by awarding to the member's | ||
spouse all or part of the community property interest in the annuity | ||
forfeited by the member; and | ||
(2) a court shall, if the member's service retirement | ||
annuity was partitioned or exchanged by written agreement of the | ||
spouses as provided by Subchapter B, Chapter 4, Family Code, before | ||
the member's commission of the offense, award the annuity forfeited | ||
by the member to the member's spouse as provided in the agreement. | ||
(h) Ineligibility for a service retirement annuity under | ||
this section does not impair a person's right to any other | ||
retirement benefit for which the person is eligible. | ||
(i) The governing body of a public retirement system shall | ||
adopt rules and procedures to implement this section. | ||
(j) A court shall notify the retirement system of the terms | ||
of a conviction of a person convicted of an offense described by | ||
Subsection (c). | ||
(k) Notwithstanding any other provision of this section, if | ||
the spouse of a member convicted of a qualifying felony is convicted | ||
of the felony as a party to the offense as defined by Section 7.01, | ||
Penal Code, or of another qualifying offense arising out of the same | ||
criminal episode as defined by Section 3.01, Penal Code, the spouse | ||
forfeits the member's service retirement annuity and service | ||
retirement contributions to the same extent as the member. | ||
SECTION 2. Article 42.01, Code of Criminal Procedure, is | ||
amended by adding Section 14 to read as follows: | ||
Sec. 14. In addition to the information described by | ||
Section 1, the judgment should reflect affirmative findings entered | ||
pursuant to Article 42.0193. | ||
SECTION 3. Chapter 42, Code of Criminal Procedure, is | ||
amended by adding Article 42.0193 to read as follows: | ||
Art. 42.0193. FINDING REGARDING OFFENSE RELATED TO CONDUCT | ||
OF CERTAIN CORRECTIONS EMPLOYEES. (a) In the trial of an offense | ||
described by Section 810.004, Government Code, the judge shall make | ||
an affirmative finding of fact and enter the affirmative finding in | ||
the judgment in the case if the judge determines that the defendant | ||
is: | ||
(1) a member of the employee class described by | ||
Section 810.004(b)(1), Government Code, while a member of the | ||
Employees Retirement System of Texas because the person serves as a | ||
corrections officer for the Texas Department of Criminal Justice or | ||
the Texas Juvenile Justice Department; or | ||
(2) otherwise eligible for membership in a public | ||
retirement system wholly or partly because the person served as a | ||
corrections officer for the Texas Department of Criminal Justice or | ||
the Texas Juvenile Justice Department. | ||
(b) A judge who makes the affirmative finding described by | ||
this article shall make the determination and provide the notice | ||
required by Section 810.004(j), Government Code. | ||
SECTION 4. Section 810.002, Government Code, as added by | ||
Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular | ||
Session, 2017, is redesignated as Section 810.003, Government Code, | ||
to read as follows: | ||
Sec. 810.003 [ |
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INELIGIBLE FOR RETIREMENT ANNUITY. (a) In this section: | ||
(1) "Governing body of a public retirement system" and | ||
"public retirement system" have the meanings assigned by Section | ||
802.001. | ||
(2) "Qualifying felony" means any felony involving: | ||
(A) bribery; | ||
(B) the embezzlement, extortion, or other theft | ||
of public money; | ||
(C) perjury; | ||
(D) coercion of public servant or voter; | ||
(E) tampering with governmental record; | ||
(F) misuse of official information; | ||
(G) conspiracy or the attempt to commit any of | ||
the offenses described by Paragraphs (A)-(F); or | ||
(H) abuse of official capacity. | ||
(b) This section applies only to a person who is: | ||
(1) a member of the elected class of the Employees | ||
Retirement System of Texas as described by Section 812.002(a)(1) or | ||
(2); or | ||
(2) otherwise eligible for membership in a public | ||
retirement system wholly or partly because the person was elected | ||
or appointed to an elected office. | ||
(c) Except as provided by Subsection (d), a member of a | ||
public retirement system is not eligible to receive a service | ||
retirement annuity under the retirement system if the member is | ||
convicted of a qualifying felony committed while in office and | ||
arising directly from the official duties of that elected office. | ||
(d) The retirement system, on receipt of notice of a | ||
conviction under Subsection (e) or (k), any similar notice of a | ||
conviction of a qualifying felony from a United States district | ||
court or United States attorney, or any other information that the | ||
retirement system determines by rule is sufficient to establish a | ||
conviction of a qualifying felony, shall suspend payments of a | ||
service retirement annuity to a person the system determines is | ||
ineligible to receive the annuity under Subsection (c). A person | ||
whose conviction is overturned on appeal or who meets the | ||
requirements for innocence under Section 103.001(a)(2), Civil | ||
Practice and Remedies Code: | ||
(1) is entitled to receive an amount equal to the | ||
accrued total of payments and interest earned on the payments | ||
withheld during the suspension period; and | ||
(2) may resume receipt of annuity payments on payment | ||
to the retirement system of an amount equal to the contributions | ||
refunded to the person under Subsection (f). | ||
(e) Not later than the 30th day after the conviction of a | ||
person of a qualifying felony, the governmental entity to which the | ||
person was elected or appointed must provide written notice of the | ||
conviction to the public retirement system in which the person is | ||
enrolled. The notice must comply with the administrative rules | ||
adopted by the public retirement system under Subsection (j). | ||
(f) A member who is ineligible to receive a service | ||
retirement annuity under Subsection (c) is entitled to a refund of | ||
the member's service retirement annuity contributions, including | ||
interest earned on those contributions. A refund under this | ||
subsection is subject to an award of all or part of the member's | ||
service retirement annuity contributions to a former spouse, | ||
including as a just and right division of the contributions on | ||
divorce, payment of child support, or payment of spousal | ||
maintenance or contractual alimony or other order of a court. | ||
(g) Benefits payable to an alternate payee under Chapter 804 | ||
who is recognized by a qualified domestic relations order | ||
established before the effective date of this subsection are not | ||
affected by a member's ineligibility to receive a service | ||
retirement annuity under Subsection (c). | ||
(h) On conviction of a member for a qualifying felony: | ||
(1) a court may, in the same manner as in a divorce or | ||
annulment proceeding, make a just and right division of the | ||
member's service retirement annuity by awarding to the member's | ||
spouse all or part of the community property interest in the annuity | ||
forfeited by the member; and | ||
(2) a court shall, if the member's service retirement | ||
annuity was partitioned or exchanged by written agreement of the | ||
spouses as provided by Subchapter B, Chapter 4, Family Code, before | ||
the member's commission of the offense, award the annuity forfeited | ||
by the member to the member's spouse as provided in the agreement. | ||
(i) Ineligibility for a service retirement annuity under | ||
this section does not impair a person's right to any other | ||
retirement benefit for which the person is eligible. | ||
(j) The governing body of a public retirement system shall | ||
adopt rules and procedures to implement this section. | ||
(k) A court shall notify the retirement system of the terms | ||
of a conviction of a person convicted of an offense described by | ||
Subsection (c). | ||
(l) Notwithstanding any other provision of this section, if | ||
the spouse of a member convicted of a qualifying felony is convicted | ||
of the felony as a party to the offense as defined by Section 7.01, | ||
Penal Code, or of another qualifying offense arising out of the same | ||
criminal episode as defined by Section 3.01, Penal Code, the spouse | ||
forfeits the member's service retirement annuity and service | ||
retirement contributions to the same extent as the member. | ||
SECTION 5. Section 810.004, Government Code, as added by | ||
this Act, applies only to a member of a public retirement system who | ||
serves as a corrections officer and, on or after the effective date | ||
of this Act, commits an offense that is a qualifying felony as | ||
defined by that section. A person who commits a qualifying felony | ||
before the effective date of this Act is subject to the law in | ||
effect on the date the offense was committed, and the former law is | ||
continued in effect for that purpose. For purposes of this section, | ||
an offense was committed before the effective date of this Act if | ||
any element of the offense occurred before that date. | ||
SECTION 6. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1570 passed the Senate on | ||
May 10, 2019, by the following vote: Yeas 31, Nays 0; and that the | ||
Senate concurred in House amendment on May 25, 2019, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1570 passed the House, with | ||
amendment, on May 22, 2019, by the following vote: Yeas 138, | ||
Nays 6, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |