Texas 2009 - 81st Regular

Texas House Bill HB3751 Compare Versions

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Old	New	Differences
1	1	H.B. No. 3751
2	2
3	3
4	4	AN ACT
5	5	relating to the conditions of bond for a defendant charged with
6	6	committing certain offenses against a child and to the denial of
7	7	bail pending trial with respect to certain defendants who violate
8	8	those conditions.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 17.41(a) and (b), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) This article applies to a defendant charged with an
13	13	offense under any of the following provisions of the Penal Code, if
14	14	committed against a child younger than 14 [12] years of age [or
15	15	younger]:
16	16	(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive
17	17	Offenses);
18	18	(2) Section 25.02 (Prohibited Sexual Conduct); or
19	19	(3) Section 43.25 (Sexual Performance by a Child).
20	20	(b) Subject to Subsections (c) and (d), a [A] magistrate
21	21	shall [may] require as a condition of bond for a defendant charged
22	22	with an offense described by Subsection (a) [of this article] that
23	23	the defendant not:
24	24	(1) directly communicate with the alleged victim of
25	25	the offense; or
26	26	(2) go near a residence, school, or other location, as
27	27	specifically described in the bond, frequented by the alleged
28	28	victim.
29	29	SECTION 2. Chapter 17, Code of Criminal Procedure, is
30	30	amended by adding Article 17.153 to read as follows:
31	31	Art. 17.153. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF
32	32	BOND WHERE CHILD ALLEGED VICTIM. (a) This article applies to a
33	33	defendant charged with a felony offense under any of the following
34	34	provisions of the Penal Code, if committed against a child younger
35	35	than 14 years of age:
36	36	(1) Chapter 21 (Sexual Offenses);
37	37	(2) Section 25.02 (Prohibited Sexual Conduct); or
38	38	(3) Section 43.25 (Sexual Performance by a Child).
39	39	(b) A defendant described by Subsection (a) who violates a
40	40	condition of bond set under Article 17.41 and whose bail in the case
41	41	is revoked for the violation may be taken into custody and denied
42	42	release on bail pending trial if, following a hearing, a judge or
43	43	magistrate determines by a preponderance of the evidence that the
44	44	defendant violated a condition of bond related to the safety of the
45	45	victim of the offense or the safety of the community. If the
46	46	magistrate finds that the violation occurred, the magistrate may
47	47	revoke the defendant's bond and order that the defendant be
48	48	immediately returned to custody. Once the defendant is placed in
49	49	custody, the revocation of the defendant's bond discharges the
50	50	sureties on the bond, if any, from any future liability on the bond.
51	51	A discharge under this subsection from any future liability on the
52	52	bond does not discharge any surety from liability for previous
53	53	forfeitures on the bond.
54	54	SECTION 3. The change in law made by this Act applies only
55	55	to an offense committed on or after the effective date of this Act.
56	56	An offense committed before the effective date of this Act is
57	57	covered by the law in effect when the offense was committed, and the
58	58	former law is continued in effect for that purpose. For purposes of
59	59	this section, an offense was committed before the effective date of
60	60	this Act if any element of the offense occurred before that date.
61	61	SECTION 4. This Act takes effect September 1, 2009.
62	62	______________________________ ______________________________
63	63	President of the Senate Speaker of the House
64	64	I certify that H.B. No. 3751 was passed by the House on May 4,
65	65	2009, by the following vote: Yeas 139, Nays 0, 1 present, not
66	66	voting; that the House refused to concur in Senate amendments to
67	67	H.B. No. 3751 on May 29, 2009, and requested the appointment of a
68	68	conference committee to consider the differences between the two
69	69	houses; and that the House adopted the conference committee report
70	70	on H.B. No. 3751 on May 31, 2009, by the following vote: Yeas 143,
71	71	Nays 0, 1 present, not voting.
72	72	______________________________
73	73	Chief Clerk of the House
74	74	I certify that H.B. No. 3751 was passed by the Senate, with
75	75	amendments, on May 26, 2009, by the following vote: Yeas 31, Nays
76	76	0; at the request of the House, the Senate appointed a conference
77	77	committee to consider the differences between the two houses; and
78	78	that the Senate adopted the conference committee report on H.B. No.
79	79	3751 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
80	80	______________________________
81	81	Secretary of the Senate
82	82	APPROVED: __________________
83	83	Date
84	84	__________________
85	85	Governor