| 1 | 1 | | 82R18789 AJZ-D |
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| 2 | 2 | | By: Carter H.B. No. 1029 |
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| 3 | 3 | | Substitute the following for H.B. No. 1029: |
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| 4 | 4 | | By: Christian C.S.H.B. No. 1029 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the conditions of release on bond for certain |
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| 10 | 10 | | defendants charged with the offense of burglary. |
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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. Chapter 17, Code of Criminal Procedure, is |
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| 13 | 13 | | amended by adding Article 17.154 to read as follows: |
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| 14 | 14 | | Art. 17.154. DENIAL OF PERSONAL BOND FOR VIOLATION OF |
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| 15 | 15 | | CONDITION OF BOND IN BURGLARY CASE. A defendant charged with an |
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| 16 | 16 | | offense under Section 30.02 or 30.04, Penal Code, who is released on |
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| 17 | 17 | | personal bond and violates a condition of bond set under Article |
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| 18 | 18 | | 17.442 and whose bail in the case is revoked for the violation shall |
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| 19 | 19 | | be taken into custody and denied further release on personal bond |
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| 20 | 20 | | pending trial. The defendant may be released on depositing current |
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| 21 | 21 | | money of the United States with the custodian of funds of the court |
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| 22 | 22 | | in which the prosecution is pending, or on obtaining a surety bond, |
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| 23 | 23 | | in the amount of the new bond as set by the court. |
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| 24 | 24 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 25 | 25 | | amended by adding Article 17.442 to read as follows: |
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| 26 | 26 | | Art. 17.442. CONDITIONS REQUIRING ELECTRONIC MONITORING. |
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| 27 | 27 | | (a) In this article, "global positioning monitoring system" means a |
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| 28 | 28 | | system that electronically determines and reports the location of |
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| 29 | 29 | | an individual through the use of a transmitter or similar device |
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| 30 | 30 | | carried or worn by the individual that transmits latitude and |
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| 31 | 31 | | longitude data to a monitoring entity through global positioning |
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| 32 | 32 | | satellite technology. |
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| 33 | 33 | | (b) If a magistrate finds that a defendant charged with an |
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| 34 | 34 | | offense under Section 30.02 or 30.04, Penal Code, has been |
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| 35 | 35 | | previously convicted two or more times of an offense under either of |
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| 36 | 36 | | those sections, the magistrate shall require as a condition of bond |
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| 37 | 37 | | that the defendant submit to electronic monitoring by a global |
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| 38 | 38 | | positioning monitoring system under the supervision of an agency |
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| 39 | 39 | | designated by the magistrate. The magistrate shall require the |
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| 40 | 40 | | defendant to directly pay the cost of the electronic monitoring as a |
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| 41 | 41 | | condition of bond, unless the court finds that the defendant is |
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| 42 | 42 | | indigent and enters its findings on record. |
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| 43 | 43 | | SECTION 3. The change in law made by this Act applies only |
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| 44 | 44 | | to an offense committed on or after the effective date of this Act. |
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| 45 | 45 | | An offense committed before the effective date of this Act is |
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| 46 | 46 | | governed by the law in effect on the date the offense was committed, |
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| 47 | 47 | | and the former law is continued in effect for that purpose. For |
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| 48 | 48 | | purposes of this section, an offense was committed before the |
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| 49 | 49 | | effective date of this Act if any element of the offense occurred |
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| 50 | 50 | | before that date. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2011. |
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