81R22695 KCR-D
By: Smith of Harris H.B. No. 3615
Substitute the following for H.B. No. 3615:
By: Moody C.S.H.B. No. 3615
A BILL TO BE ENTITLED
AN ACT
relating to the payment of the costs associated with certain
conditions of bond.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.44, Code of Criminal Procedure, is
amended by amending Subsection (c) and adding Subsection (e) to
read as follows:
(c) The magistrate may revoke the bond and order the
defendant arrested if the [If a] defendant:
(1) violates a condition of home confinement and
electronic monitoring;
(2) [,] refuses to submit to a test for controlled
substances[,] or submits to a test for controlled substances and
the test indicates the presence of a controlled substance in the
defendant's body; or
(3) fails to pay the costs of monitoring or testing for
controlled substances, if payment is ordered under Subsection (e)
as a condition of bond and the magistrate determines that the
defendant is not indigent and is financially able to make the
payments as ordered[, the magistrate may revoke the bond and order
the defendant arrested].
(e) The cost of electronic monitoring or testing for
controlled substances under this article may be assessed as court
costs or ordered paid directly by the defendant as a condition of
bond.
SECTION 2. This Act takes effect September 1, 2009.