By: Gallego, Moody (Senate Sponsor - Shapiro) H.B. No. 3751
(In the Senate - Received from the House May 5, 2009;
May 6, 2009, read first time and referred to Committee on Criminal
Justice; May 21, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 21, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3751 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of bond for a defendant charged with
committing certain offenses against a child and to the denial of
bail pending trial with respect to certain defendants who violate
those conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 17.41(a) and (b), Code of Criminal
Procedure, are amended to read as follows:
(a) This article applies to a defendant charged with an
offense under any of the following provisions of the Penal Code, if
committed against a child younger than 14 [12] years of age [or
younger]:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
(b) Subject to Subsections (c) and (d), with respect to a
defendant who is charged with an offense described by Subsection
(a), a [A] magistrate may require as a condition of bond, if an
attorney representing the state is present at the time the
magistrate sets the conditions of the defendant's bond, and shall
require as a condition of bond, if an attorney representing the
state is not present at the time the magistrate sets the conditions
of the defendant's bond, [for a defendant charged with an offense
described by Subsection (a) of this article] that the defendant
not:
(1) directly communicate with the alleged victim of
the offense; or
(2) go near a residence, school, or other location, as
specifically described in the bond, frequented by the alleged
victim.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.153 to read as follows:
Art. 17.153. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF
BOND WHERE CHILD ALLEGED VICTIM. (a) This article applies to a
defendant charged with a felony offense under any of the following
provisions of the Penal Code, if committed against a child younger
than 14 years of age:
(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
Offenses);
(2) Section 25.02 (Prohibited Sexual Conduct); or
(3) Section 43.25 (Sexual Performance by a Child).
(b) A defendant described by Subsection (a) who violates a
condition of bond set under Article 17.41 and whose bail in the case
is revoked for the violation may be taken into custody and denied
release on bail pending trial if, following a hearing, a judge or
magistrate determines by a preponderance of the evidence that the
defendant violated a condition of bond related to the safety of the
victim of the offense or the safety of the community. If the
magistrate finds that the violation occurred, the magistrate may
revoke the defendant's bond and order that the defendant be
immediately returned to custody. Once the defendant is placed in
custody, the revocation of the defendant's bond discharges the
sureties on the bond, if any, from any future liability on the bond.
A discharge under this subsection from any future liability on the
bond does not discharge any surety from liability for previous
forfeitures on the bond.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
covered by the law in effect when the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 4. This Act takes effect September 1, 2009.
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