| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 81R22695 KCR-D | |
| 2 | 2 | By: Smith of Harris H.B. No. 3615 | |
| 3 | 3 | Substitute the following for H.B. No. 3615: | |
| 4 | 4 | By: Moody C.S.H.B. No. 3615 | |
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | 7 | A BILL TO BE ENTITLED | |
| 8 | 8 | AN ACT | |
| 9 | 9 | relating to the payment of the costs associated with certain | |
| 10 | 10 | conditions of bond. | |
| 11 | 11 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 12 | 12 | SECTION 1. Article 17.44, Code of Criminal Procedure, is | |
| 13 | 13 | amended by amending Subsection (c) and adding Subsection (e) to | |
| 14 | 14 | read as follows: | |
| 15 | 15 | (c) The magistrate may revoke the bond and order the | |
| 16 | 16 | defendant arrested if the [If a] defendant: | |
| 17 | 17 | (1) violates a condition of home confinement and | |
| 18 | 18 | electronic monitoring; | |
| 19 | 19 | (2) [,] refuses to submit to a test for controlled | |
| 20 | 20 | substances[,] or submits to a test for controlled substances and | |
| 21 | 21 | the test indicates the presence of a controlled substance in the | |
| 22 | 22 | defendant's body; or | |
| 23 | 23 | (3) fails to pay the costs of monitoring or testing for | |
| 24 | 24 | controlled substances, if payment is ordered under Subsection (e) | |
| 25 | 25 | as a condition of bond and the magistrate determines that the | |
| 26 | 26 | defendant is not indigent and is financially able to make the | |
| 27 | 27 | payments as ordered[, the magistrate may revoke the bond and order | |
| 28 | 28 | the defendant arrested]. | |
| 29 | 29 | (e) The cost of electronic monitoring or testing for | |
| 30 | 30 | controlled substances under this article may be assessed as court | |
| 31 | 31 | costs or ordered paid directly by the defendant as a condition of | |
| 32 | 32 | bond. | |
| 33 | 33 | SECTION 2. This Act takes effect September 1, 2009. |