Texas 2009 - 81st Regular

Texas Senate Bill SB1902 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R7254 HLT-D
2	2	By: Hinojosa S.B. No. 1902
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the imposition of conditions on certain defendants
8	8	charged with an offense involving family violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.292, Code of Criminal Procedure, is
11	11	amended by adding Subsection (c-1) to read as follows:
12	12	(c-1) In addition to the conditions described by Subsection
13	13	(c), the magistrate in the order for emergency protection may
14	14	impose a condition described by Article 17.49(b) in the manner
15	15	provided by that article, including ordering a defendant's
16	16	participation in a global positioning monitoring system or allowing
17	17	participation in the system by an alleged victim or other person
18	18	protected under the order.
19	19	SECTION 2. Chapter 17, Code of Criminal Procedure, is
20	20	amended by adding Article 17.49 to read as follows:
21	21	Art. 17.49. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE
22	22	INVOLVING FAMILY VIOLENCE. (a) In this article:
23	23	(1) "Family violence" has the meaning assigned by
24	24	Section 71.004, Family Code.
25	25	(2) "Global positioning monitoring system" means a
26	26	system that electronically determines and reports the location of
27	27	an individual through the use of a transmitter or similar device
28	28	carried or worn by the individual that transmits latitude and
29	29	longitude data to a monitoring entity through global positioning
30	30	satellite technology. The term does not include a system that
31	31	contains or operates global positioning system technology, radio
32	32	frequency identification technology, or any other similar
33	33	technology that is implanted in or otherwise invades or violates
34	34	the individual's body.
35	35	(b) A magistrate may require as a condition of release on
36	36	bond that a defendant charged with an offense involving family
37	37	violence:
38	38	(1) refrain from going to or near a residence, school,
39	39	place of employment, or other location, as specifically described
40	40	in the bond, frequented by an alleged victim of the offense;
41	41	(2) carry or wear a global positioning monitoring
42	42	system device and, except as provided by Subsection (h), pay the
43	43	costs associated with operating that system in relation to the
44	44	defendant; or
45	45	(3) except as provided by Subsection (h), if the
46	46	alleged victim of the offense consents after receiving the
47	47	information described by Subsection (d), pay the costs associated
48	48	with providing the victim with an electronic receptor device that:
49	49	(A) is capable of receiving the global
50	50	positioning monitoring system information from the device carried
51	51	or worn by the defendant; and
52	52	(B) notifies the victim if the defendant is at or
53	53	near a location that the defendant has been ordered to refrain from
54	54	going to or near under Subdivision (1).
55	55	(c) Before imposing a condition described by Subsection
56	56	(b)(1), a magistrate must afford an alleged victim an opportunity
57	57	to provide the magistrate with a list of areas from which the victim
58	58	would like the defendant excluded and shall consider the victim's
59	59	request, if any, in determining the locations the defendant will be
60	60	ordered to refrain from going to or near. If the magistrate imposes
61	61	a condition described by Subsection (b)(1), the magistrate shall
62	62	specifically describe the locations that the defendant has been
63	63	ordered to refrain from going to or near and the minimum distances,
64	64	if any, that the defendant must maintain from those locations.
65	65	(d) Before imposing a condition described by Subsection
66	66	(b)(3), a magistrate must provide to an alleged victim information
67	67	regarding:
68	68	(1) the victim's right to participate in a global
69	69	positioning monitoring system or to refuse to participate in that
70	70	system and the procedure for requesting that the magistrate
71	71	terminate the victim's participation;
72	72	(2) the manner in which the global positioning
73	73	monitoring system technology functions and the risks and
74	74	limitations of that technology, and the extent to which the system
75	75	will track and record the victim's location and movements;
76	76	(3) any locations that the defendant is ordered to
77	77	refrain from going to or near and the minimum distances, if any,
78	78	that the defendant must maintain from those locations;
79	79	(4) any sanctions that the court may impose on the
80	80	defendant for violating a condition of bond imposed under this
81	81	article;
82	82	(5) the procedure that the victim is to follow, and
83	83	support services available to assist the victim, if the defendant
84	84	violates a condition of bond or if the global positioning
85	85	monitoring system equipment fails;
86	86	(6) community services available to assist the victim
87	87	in obtaining shelter, counseling, education, child care, legal
88	88	representation, and other assistance available to address the
89	89	consequences of family violence; and
90	90	(7) the fact that the victim's communications with the
91	91	court concerning the global positioning monitoring system and any
92	92	restrictions to be imposed on the defendant's movements are not
93	93	confidential.
94	94	(e) In addition to the information described by Subsection
95	95	(d), a magistrate shall provide to an alleged victim who
96	96	participates in a global positioning monitoring system under this
97	97	article the name and telephone number of an appropriate person
98	98	employed by a local law enforcement agency whom the victim may call
99	99	to request immediate assistance if the defendant violates a
100	100	condition of bond imposed under this article.
101	101	(f) In determining whether to order a defendant's
102	102	participation in a global positioning monitoring system under this
103	103	article, the magistrate shall consider the likelihood that the
104	104	defendant's participation will deter the defendant from seeking to
105	105	kill, physically injure, stalk, or otherwise threaten the alleged
106	106	victim before trial.
107	107	(g) An alleged victim may request that the magistrate
108	108	terminate the victim's participation in a global positioning
109	109	monitoring system at any time. The magistrate may not impose
110	110	sanctions on the victim for requesting termination of the victim's
111	111	participation in or refusing to participate in a global positioning
112	112	monitoring system under this article.
113	113	(h) A magistrate may allow a defendant to perform community
114	114	service in lieu of paying the costs required by Subsection (b)(2) or
115	115	(3) if the magistrate determines that the defendant is indigent.
116	116	(i) A magistrate that imposes a condition described by
117	117	Subsection (b)(1) or (2) shall order the entity that operates the
118	118	global positioning monitoring system to notify the court and the
119	119	appropriate local law enforcement agency if a defendant violates a
120	120	condition of bond imposed under this article.
121	121	(j) This article does not limit the authority of a
122	122	magistrate to impose any other reasonable conditions of bond or
123	123	enter any orders of protection under other applicable statutes.
124	124	SECTION 3. Articles 17.292(c-1) and 17.49, Code of Criminal
125	125	Procedure, as added by this Act, apply only to a defendant released
126	126	on bond, or to an order for emergency protection issued, in
127	127	connection with an offense committed on or after the effective date
128	128	of this Act. A defendant released on bond, or an order for
129	129	emergency protection issued, in connection with an offense
130	130	committed before the effective date of this Act is governed by the
131	131	law in effect when the offense was committed, and the former law is
132	132	continued in effect for that purpose. For purposes of this section,
133	133	an offense was committed before the effective date of this Act if
134	134	any element of the offense occurred before that date.
135	135	SECTION 4. This Act takes effect September 1, 2009.