| 1 | 1 | | 86R10804 ADM-D |
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| 2 | 2 | | By: Meza H.B. No. 2339 |
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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 entry into the Texas Crime Information Center of |
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| 8 | 8 | | information concerning the release on bond of persons charged with |
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| 9 | 9 | | committing a violent offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.50 to read as follows: |
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| 13 | 13 | | Art. 17.50. ENTRY OF BOND STATUS INTO TEXAS CRIME |
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| 14 | 14 | | INFORMATION CENTER; DUTIES OF MAGISTRATES, SHERIFFS, AND |
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| 15 | 15 | | DEPARTMENT OF PUBLIC SAFETY. (a) In this article: |
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| 16 | 16 | | (1) "Database" means the statewide law enforcement |
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| 17 | 17 | | information system maintained by the Department of Public Safety, |
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| 18 | 18 | | also known as the Texas Crime Information Center. |
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| 19 | 19 | | (2) "Violent offense" means: |
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| 20 | 20 | | (A) an offense under any of the following |
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| 21 | 21 | | sections of the Penal Code: |
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| 22 | 22 | | (i) Section 19.02 (murder); |
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| 23 | 23 | | (ii) Section 19.03 (capital murder); |
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| 24 | 24 | | (iii) Section 20.03 (kidnapping); |
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| 25 | 25 | | (iv) Section 20.04 (aggravated |
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| 26 | 26 | | kidnapping); |
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| 27 | 27 | | (v) Section 21.11 (indecency with a child); |
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| 28 | 28 | | (vi) Section 22.011 (sexual assault); |
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| 29 | 29 | | (vii) Section 22.02 (aggravated assault); |
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| 30 | 30 | | (viii) Section 22.021 (aggravated sexual |
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| 31 | 31 | | assault); |
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| 32 | 32 | | (ix) Section 22.04 (injury to a child, |
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| 33 | 33 | | elderly individual, or disabled individual); |
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| 34 | 34 | | (x) Section 29.03 (aggravated robbery); |
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| 35 | 35 | | (xi) Section 21.02 (continuous sexual abuse |
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| 36 | 36 | | of young child or children); or |
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| 37 | 37 | | (xii) Section 20A.03 (continuous |
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| 38 | 38 | | trafficking of persons); and |
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| 39 | 39 | | (B) any offense involving family violence as |
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| 40 | 40 | | defined by Section 71.004, Family Code. |
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| 41 | 41 | | (b) As soon as practicable but not later than the next |
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| 42 | 42 | | business day after the date a magistrate releases on bond a person |
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| 43 | 43 | | charged with committing a violent offense, the magistrate shall |
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| 44 | 44 | | notify the sheriff of the release and provide to the sheriff the |
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| 45 | 45 | | following information: |
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| 46 | 46 | | (1) the name, sex, race, date of birth, personal |
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| 47 | 47 | | descriptors, address, and county of residence of the person |
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| 48 | 48 | | released; |
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| 49 | 49 | | (2) any known identifying number of the person |
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| 50 | 50 | | released, including the person's social security number or driver's |
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| 51 | 51 | | license number; and |
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| 52 | 52 | | (3) if applicable, any condition of bond imposed, the |
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| 53 | 53 | | name and county of residence of any named person the condition of |
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| 54 | 54 | | bond is intended to protect, and the name and county of residence of |
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| 55 | 55 | | the victim of the alleged offense. |
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| 56 | 56 | | (c) On receipt of the information described by Subsection |
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| 57 | 57 | | (b), the sheriff shall enter the information into the database. |
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| 58 | 58 | | (d) As soon as practicable but not later than the next |
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| 59 | 59 | | business day after the date a magistrate revokes the bond of a |
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| 60 | 60 | | person charged with committing a violent offense, modifies the |
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| 61 | 61 | | terms of or removes a condition of bond imposed on the person, or |
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| 62 | 62 | | disposes of the underlying criminal charges in the person's case, |
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| 63 | 63 | | the magistrate shall notify the sheriff and provide the sheriff |
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| 64 | 64 | | with information that is sufficient to enable the sheriff to update |
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| 65 | 65 | | the database accordingly. |
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| 66 | 66 | | (e) The Department of Public Safety shall modify the |
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| 67 | 67 | | database to enable the database to accept and maintain detailed |
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| 68 | 68 | | information regarding the release on bond of a person charged with |
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| 69 | 69 | | committing a violent offense and any associated conditions of bond, |
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| 70 | 70 | | including information described by Subsections (b) and (d). |
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| 71 | 71 | | SECTION 2. Not later than January 1, 2020, the Department of |
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| 72 | 72 | | Public Safety of the State of Texas shall modify the statewide law |
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| 73 | 73 | | enforcement information system maintained by the department, also |
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| 74 | 74 | | known as the Texas Crime Information Center, to enable the database |
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| 75 | 75 | | to accept and maintain detailed information regarding the release |
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| 76 | 76 | | on bond of a person charged with committing a violent offense and |
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| 77 | 77 | | any associated conditions of bond, as required by Article 17.50(e), |
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| 78 | 78 | | Code of Criminal Procedure, as added by this Act. |
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| 79 | 79 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 80 | 80 | | section, this Act takes effect January 1, 2020. |
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| 81 | 81 | | (b) Section 2 of this Act takes effect September 1, 2019. |
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