Sec. 38.112. TAMPERING WITH ELECTRONIC MONITORING DEVICE. (a) A person who is required to submit to electronic monitoring of the person's location as part of an electronic monitoring program under Article 42.035 , Code of Criminal Procedure, or as a condition of community supervision, parole, mandatory supervision, or release on bail commits an offense if the person knowingly removes or disables, or causes or conspires or cooperates with another person to remove or disable, a tracking device that the person is required to wear to enable the electronic monitoring of the person's location. (b) An offense under this section is a state jail felony, except that the offense is a felony of the third degree if the person is in the super-intensive supervision program described by Section 508.317 (d), Government Code. (c) This section does not apply to the removal or disabling of a tracking device by a health care provider, as defined by Section 161.201 , Health and Safety Code, due to medical necessity.
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