87R3397 MAW-D
By: Leman H.B. No. 1005
A BILL TO BE ENTITLED
AN ACT
relating to the requisites of a bail bond given by certain
defendants and to conditions of release on bond for certain
defendants.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.081 to read as follows:
Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY
CERTAIN DEFENDANTS. In addition to the requirements of Article
17.08, a bail bond for a defendant charged with an offense under
Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or
43.05, Penal Code, must include the address, identification number,
and state of issuance as shown on a valid driver's license or
identification card for the defendant and any surety, including any
agent executing the bail bond on behalf of a corporation acting as
surety.
SECTION 2. Article 17.41(a), Code of Criminal Procedure, is
amended to read as follows:
(a) This article applies to a defendant charged with an
offense under any of the following provisions of the Penal Code, if
committed against a child younger than 18 [14] years of age:
(1) Chapter 20A (Trafficking of Persons), 21 (Sexual
Offenses), [or] 22 (Assaultive Offenses), or 43 (Public Indecency);
or
(2) Section 25.02 (Prohibited Sexual Conduct) [; or
[(3) Section 43.25 (Sexual Performance by a Child)].
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.465 to read as follows:
Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN
TRAFFICKING OR PROSTITUTION RELATED OFFENSES. (a) A magistrate
shall require as a condition of release on bond that a defendant
charged with an offense under Section 20A.02, 20A.03, 43.03,
43.031, 43.04, 43.041, or 43.05, Penal Code, may not:
(1) communicate directly or indirectly with the
victim; or
(2) go to or near:
(A) the residence, place of employment, or
business of the victim; or
(B) if applicable, a school, day-care facility,
or similar facility where a dependent child of the victim is in
attendance.
(b) The magistrate shall specifically describe the
prohibited locations under Subsection (a)(2) and the minimum
distances, if any, that the defendant must maintain from the
locations.
(c) At a hearing limited to determining whether the
defendant violated a condition of bond imposed under Subsection
(a), the magistrate may revoke the defendant's bond only if the
magistrate finds by a preponderance of the evidence that the
violation occurred. If the magistrate finds that the violation
occurred, the magistrate shall revoke the defendant's bond and
order that the defendant be immediately returned to custody. Once
the defendant is placed in custody, the revocation of the
defendant's bond discharges the sureties on the bond, if any, from
any future liability on the bond. A discharge under this subsection
from any future liability on the bond does not discharge any surety
from liability for previous forfeitures on the bond.
SECTION 4. Article 17.081, Code of Criminal Procedure, as
added by this Act, applies only to a bail bond that is executed on or
after the effective date of this Act. A bail bond executed before
the effective date of this Act is governed by the law in effect on
the date the bail bond was executed, and the former law is continued
in effect for that purpose.
SECTION 5. Article 17.41(a), Code of Criminal Procedure, as
amended by this Act, and Article 17.465, Code of Criminal
Procedure, as added by this Act, apply only to a person who is
arrested on or after the effective date of this Act. A person
arrested before the effective date of this Act is governed by the
law in effect on the date the person was arrested, and the former
law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2021.