| 1 | 1 | | 81R5479 PEP-F |
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| 2 | 2 | | By: Shapiro S.B. No. 1381 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the conditions of bond for a defendant charged with |
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| 8 | 8 | | committing certain offenses against a child and to the denial of |
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| 9 | 9 | | bail pending trial with respect to certain defendants who violate |
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| 10 | 10 | | those conditions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Articles 17.41(a) and (b), Code of Criminal |
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| 13 | 13 | | Procedure, are amended to read as follows: |
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| 14 | 14 | | (a) This article applies to a defendant charged with an |
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| 15 | 15 | | offense under any of the following provisions of the Penal Code, if |
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| 16 | 16 | | committed against a child younger than 14 [12] years of age [or |
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| 17 | 17 | | younger]: |
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| 18 | 18 | | (1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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| 19 | 19 | | Offenses); |
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| 20 | 20 | | (2) Section 25.02 (Prohibited Sexual Conduct); or |
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| 21 | 21 | | (3) Section 43.25 (Sexual Performance by a Child). |
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| 22 | 22 | | (b) Subject to Subsections (c) and (d), a [A] magistrate |
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| 23 | 23 | | shall [may] require as a condition of bond for a defendant charged |
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| 24 | 24 | | with an offense described by Subsection (a) [of this article] that |
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| 25 | 25 | | the defendant not: |
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| 26 | 26 | | (1) directly communicate with the alleged victim of |
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| 27 | 27 | | the offense; or |
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| 28 | 28 | | (2) go near a residence, school, or other location, as |
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| 29 | 29 | | specifically described in the bond, frequented by the alleged |
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| 30 | 30 | | victim. |
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| 31 | 31 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 32 | 32 | | amended by adding Article 17.153 to read as follows: |
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| 33 | 33 | | Art. 17.153. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF |
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| 34 | 34 | | BOND WHERE CHILD ALLEGED VICTIM. (a) This article applies to a |
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| 35 | 35 | | defendant charged with a felony offense under any of the following |
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| 36 | 36 | | provisions of the Penal Code, if committed against a child younger |
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| 37 | 37 | | than 14 years of age: |
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| 38 | 38 | | (1) Chapter 21 (Sexual Offenses); |
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| 39 | 39 | | (2) Section 25.02 (Prohibited Sexual Conduct); or |
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| 40 | 40 | | (3) Section 43.25 (Sexual Performance by a Child). |
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| 41 | 41 | | (b) A defendant described by Subsection (a) who violates a |
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| 42 | 42 | | condition of bond set under Article 17.41 and whose bail in the case |
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| 43 | 43 | | is revoked or forfeited for the violation may be taken into custody |
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| 44 | 44 | | and denied release on bail pending trial if, following a hearing, a |
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| 45 | 45 | | judge or magistrate determines by a preponderance of the evidence |
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| 46 | 46 | | that the defendant violated a condition of bond related to the |
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| 47 | 47 | | safety of the victim of the offense or the safety of the community. |
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| 48 | 48 | | SECTION 3. The change in law made by this Act applies only |
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| 49 | 49 | | to an offense committed on or after the effective date of this Act. |
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| 50 | 50 | | An offense committed before the effective date of this Act is |
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| 51 | 51 | | covered by the law in effect when the offense was committed, and the |
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| 52 | 52 | | former law is continued in effect for that purpose. For purposes of |
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| 53 | 53 | | this section, an offense was committed before the effective date of |
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| 54 | 54 | | this Act if any element of the offense occurred before that date. |
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| 55 | 55 | | SECTION 4. This Act takes effect September 1, 2009. |
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