Relating to the imposition of conditions on certain defendants charged with an offense involving family violence.
Impact
The bill amends existing codes within the Code of Criminal Procedure to include these GPS conditions for defendants. If enacted, it supports victims by providing them an electronic means of monitoring potentially dangerous individuals. This results in a legal framework that explicitly allows for more significant pre-trial restrictions on defendants, which may improve safety for the victims and the community. Furthermore, the requirement for defendants to bear the costs of the monitoring system enhances personal accountability.
Summary
SB1902 aims to enhance the protection of victims of family violence by imposing specific conditions upon defendants charged with related offenses. The bill introduces new provisions that allow a magistrate to order defendants to wear a global positioning monitoring system (GPS) device. This device helps track the defendant's location, aiming to deter any further threats or violence against the alleged victims. Before imposing these conditions, magistrates are required to consider the wishes of the alleged victims regarding the locations from which they wish to have defendants excluded.
Contention
While SB1902 aims to protect victims, it may raise concerns regarding the balance of rights between defendants and victims. Critics might question the fairness of GPS monitoring, especially regarding privacy rights, the burden of costs on defendants, and the due process associated with the imposition of such conditions. Additionally, there could be discussions around the effectiveness of GPS monitoring in genuinely preventing further acts of aggression or violence before trial occurs, as well as the necessity of informed consent from victims engaged with the monitoring system.
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.
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 the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.