By: Stephenson H.B. No. 4375
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the use of anti-theft electronic monitoring
as a condition of community supervision or release on bond.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Articles 17.44(a), (b), (c), and (e), Code of
Criminal Procedure, are amended to read as follows:
(a) A magistrate may require as a condition of release on
bond that the defendant submit to:
(1) home confinement and electronic monitoring under
the supervision of an agency designated by the magistrate; [or]
(2) anti-theft electronic monitoring if the defendant
is charged with an offense under Section 31.03 or 31.16, Penal Code;
or
(3) testing on a weekly basis for the presence of a
controlled substance in the defendant's body.
(b) In this article:
(1) "Anti-theft electronic monitoring" means an
electronic monitoring system that:
(A) uses a device that is worn or carried by a
defendant subject to the electronic monitoring system;
(B) works in conjunction with retail security
technology used in retail stores; and
(C) is capable of notifying a retail store's
security personnel and the monitoring entity when a person subject
to monitoring enters the store.
(2) "Controlled [, "controlled] substance" has the
meaning assigned by Section 481.002, Health and Safety Code.
(c) The magistrate may revoke the bond and order the
defendant arrested if the defendant:
(1) violates a condition of:
(A) home confinement and electronic monitoring;
or
(B) anti-theft electronic monitoring;
(2) refuses to submit to a test for controlled
substances or submits to a test for controlled substances and the
test indicates the presence of a controlled substance in the
defendant's body; or
(3) fails to pay the costs of monitoring or testing for
controlled substances, if payment is ordered under Subsection (e)
as a condition of bond and the magistrate determines that the
defendant is not indigent and is financially able to make the
payments as ordered.
(e) The cost of electronic monitoring, including anti-theft
electronic monitoring, or testing for controlled substances under
this article may be assessed as court costs or ordered paid directly
by the defendant as a condition of bond.
SECTION 2. Article 42A.301(b), Code of Criminal Procedure,
is amended to read as follows:
(b) Conditions of community supervision may include
conditions requiring the defendant to:
(1) commit no offense against the laws of this state or
of any other state or of the United States;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful
character, including any person, other than a family member of the
defendant, who is an active member of a criminal street gang;
(4) report to the supervision officer as directed by
the judge or supervision officer and obey all rules and regulations
of the community supervision and corrections department;
(5) permit the supervision officer to visit the
defendant at the defendant's home or elsewhere;
(6) work faithfully at suitable employment to the
extent possible;
(7) remain within a specified place;
(8) pay in one or more amounts:
(A) the defendant's fine, if one is assessed; and
(B) all court costs, regardless of whether a fine
is assessed;
(9) support the defendant's dependents;
(10) participate, for a period specified by the judge,
in any community-based program, including a community service
project under Article 42A.304;
(11) if the judge determines that the defendant has
financial resources that enable the defendant to offset in part or
in whole the costs of the legal services provided to the defendant
in accordance with Article 1.051(c) or (d), including any expenses
and costs, reimburse the county in which the prosecution was
instituted for the costs of the legal services in an amount that the
judge finds the defendant is able to pay, except that the defendant
may not be ordered to pay an amount that exceeds:
(A) the actual costs, including any expenses and
costs, paid by the county for the legal services provided by an
appointed attorney; or
(B) if the defendant was represented by a public
defender's office, the actual amount, including any expenses and
costs, that would have otherwise been paid to an appointed attorney
had the county not had a public defender's office;
(12) if under custodial supervision in a community
corrections facility:
(A) remain under that supervision;
(B) obey all rules and regulations of the
facility; and
(C) pay a percentage of the defendant's income
to:
(i) the facility for room and board; and
(ii) the defendant's dependents for their
support during the period of custodial supervision;
(13) submit to testing for alcohol or controlled
substances;
(14) attend counseling sessions for substance abusers
or participate in substance abuse treatment services in a program
or facility approved or licensed by the Department of State Health
Services;
(15) with the consent of the victim of a misdemeanor
offense or of any offense under Title 7, Penal Code, participate in
victim-defendant mediation;
(16) submit to electronic monitoring, other than
anti-theft electronic monitoring as required under Subdivision
(24);
(17) reimburse the compensation to victims of crime
fund for any amounts paid from that fund to or on behalf of a victim,
as defined by Article 56.32, of the offense or if no reimbursement
is required, make one payment to the compensation to victims of
crime fund in an amount not to exceed $50 if the offense is a
misdemeanor or not to exceed $100 if the offense is a felony;
(18) reimburse a law enforcement agency for the
analysis, storage, or disposal of raw materials, controlled
substances, chemical precursors, drug paraphernalia, or other
materials seized in connection with the offense;
(19) pay all or part of the reasonable and necessary
costs incurred by the victim for psychological counseling made
necessary by the offense or for counseling and education relating
to acquired immune deficiency syndrome or human immunodeficiency
virus made necessary by the offense;
(20) make one payment in an amount not to exceed $50 to
a crime stoppers organization, as defined by Section 414.001,
Government Code, and as certified by the Texas Crime Stoppers
Council;
(21) submit a DNA sample to the Department of Public
Safety under Subchapter G, Chapter 411, Government Code, for the
purpose of creating a DNA record of the defendant;
(22) in any manner required by the judge, provide in
the county in which the offense was committed public notice of the
offense for which the defendant was placed on community
supervision; [and]
(23) reimburse the county in which the prosecution was
instituted for compensation paid to any interpreter in the case;
and
(24) submit to anti-theft electronic monitoring, as
defined by Article 17.44, if the defendant is placed on community
supervision for an offense under Section 31.03 or 31.16, Penal
Code.
SECTION 3. (a) Article 17.44, Code of Criminal Procedure,
as amended by this Act, applies only to a person who is released on
bond following an arrest for an offense committed on or after the
effective date of this Act. A person released on bond following an
arrest for 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.
(b) Article 42A.301(b), Code of Criminal Procedure, as
amended by this Act, applies only to a person who is placed on
community supervision for an offense committed on or after the
effective date of this Act. A person who is placed on community
supervision for 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.
(c) 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 4. This Act takes effect September 1, 2019.