Relating to the monitoring of certain family violence offenders, the provision of resources for family violence victims, and the collection of information about conditions of bond imposed in family violence cases and certain other criminal cases.
Impact
If enacted, HB 36 would significantly alter existing protocols surrounding family violence cases in Texas. The bill mandates that judges may require offenders to wear GPS devices, particularly those who pose continuing threats to their victims. This amendment to the Code of Criminal Procedure strengthens the conditions under which bonds can be granted and enhances the state's ability to effectively monitor compliance with protective orders. Additionally, the implementation of a victim assistance program aims to connect victims with helpful resources, further supporting those affected by domestic violence.
Summary
House Bill 36, known as the Sharon Radebaugh Family Violence Protection Act, seeks to address critical issues relating to family violence in Texas. The bill enhances the monitoring of certain offenders associated with family violence through the implementation of a global positioning monitoring system (GPS). The legislation aims to bolster victim safety by ensuring that high-risk offenders are monitored electronically, thus preventing further acts of violence. By establishing stricter conditions for release, it is geared towards reducing repeat offenses and protecting vulnerable individuals.
Sentiment
Sentiment around HB 36 appears to be positive, particularly among advocates for family violence victims who see it as a necessary step towards enhancing public safety and providing essential resources for victims. However, some concern arises regarding potential overreach in monitoring offenders and the implications for civil liberties. The discourse reflects a broader urgency to combat family violence while balancing the rights of accused individuals.
Contention
Notable points of contention include concerns over the costs associated with implementing GPS monitoring and the potential burden on local jurisdictions tasked with managing these resources. Critics argue that while the intention to protect victims is commendable, the financial implications and logistical challenges of widespread GPS monitoring could hinder effective law enforcement. The discussions surrounding this bill highlight the complexities involved in legislating responses to domestic violence, with proponents calling for comprehensive support systems and opponents cautioning against excessive state control.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 17. Bail
Section: 292
Section: 49
Section: 292
Section: 49
Section: 292
Section: 49
Section: 49
Section: 292
Family Code
Chapter 85. Issuance Of Protective Order
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Relating to certain requirements of protective orders and conditions of release on bond and to the criminal penalties for violating those requirements and conditions.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.