81R5479 PEP-F
By: Shapiro S.B. No. 1381
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), a [A] magistrate
shall [may] require as a condition of 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);
(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 or forfeited 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.
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.