82R6331 AJZ-D
By: Carter H.B. No. 1029
A BILL TO BE ENTITLED
AN ACT
relating to the conditions of release on bond for certain
defendants charged with the offense of burglary.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.442 to read as follows:
Art. 17.442. CONDITIONS REQUIRING ELECTRONIC MONITORING.
If a magistrate finds that a defendant charged with an offense under
Section 30.02, Penal Code, has been previously convicted two or
more times of an offense under that section, the magistrate shall
require as a condition of bond that the defendant submit to
electronic monitoring under the supervision of an agency designated
by the magistrate. The magistrate shall require the defendant to
directly pay the cost of the electronic monitoring as a condition of
bond, unless the court finds that the defendant is indigent or is
otherwise unable to pay all or part of the cost and enters its
findings on record.
SECTION 2. 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
governed by the law in effect on the date 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 3. This Act takes effect September 1, 2011.