Texas 2021 - 87th Regular

Texas House Bill HB1005 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1005
	1	+	By: Leman, et al. (Senate Sponsor - Huffman) H.B. No. 1005
	2	+	(In the Senate - Received from the House April 27, 2021;
	3	+	May 6, 2021, read first time and referred to Committee on
	4	+	Jurisprudence; May 14, 2021, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 14, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the requisites of a bail bond given by certain
6	12		defendants and to conditions of release on bond for certain
7	13		defendants.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Chapter 17, Code of Criminal Procedure, is
10	16		amended by adding Article 17.081 to read as follows:
11	17		Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY
12	18		CERTAIN DEFENDANTS. In addition to the requirements of Article
13	19		17.08, a bail bond for a defendant charged with an offense under
14	20		Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or
15	21		43.05, Penal Code, must include the address, identification number,
16	22		and state of issuance as shown on a valid driver's license or
17	23		identification card for the defendant and any surety, including any
18	24		agent executing the bail bond on behalf of a corporation acting as
19	25		surety.
20	26		SECTION 2. Article 17.41(a), Code of Criminal Procedure, is
21	27		amended to read as follows:
22	28		(a) This article applies to a defendant charged with an
23	29		offense under any of the following provisions of the Penal Code, if
24	30		committed against a child younger than 18 [14] years of age:
25	31		(1) Chapter 20A (Trafficking of Persons), 21 (Sexual
26	32		Offenses), [or] 22 (Assaultive Offenses), or 43 (Public Indecency);
27	33		or
28	34		(2) Section 25.02 (Prohibited Sexual Conduct) [; or
29	35		[(3) Section 43.25 (Sexual Performance by a Child)].
30	36		SECTION 3. Chapter 17, Code of Criminal Procedure, is
31	37		amended by adding Article 17.465 to read as follows:
32	38		Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN
33	39		TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT
34	40		VICTIMS. (a) This article does not apply with respect to a
35	41		defendant to whom Article 17.41 applies.
36	42		(b) A magistrate shall require as a condition of release on
37	43		bond that a defendant charged with an offense under Section 20A.02,
38	44		20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code,
39	45		committed against a person 18 years of age or older may not:
40	46		(1) communicate directly or indirectly with the
41	47		victim; or
42	48		(2) go to or near:
43	49		(A) the residence, place of employment, or
44	50		business of the victim; or
45	51		(B) if applicable, a school, day-care facility,
46	52		or similar facility where a dependent child of the victim is in
47	53		attendance.
48	54		(c) The magistrate shall specifically describe the
49	55		prohibited locations under Subsection (b)(2) and the minimum
50	56		distances, if any, that the defendant must maintain from the
51	57		locations.
52	58		(d) At a hearing limited to determining whether the
53	59		defendant violated a condition of bond imposed under Subsection
54	60		(b), the magistrate may revoke the defendant's bond only if the
55	61		magistrate finds by a preponderance of the evidence that the
56	62		violation occurred. If the magistrate finds that the violation
57	63		occurred, the magistrate shall revoke the defendant's bond and
58	64		order that the defendant be immediately returned to custody. Once
59	65		the defendant is placed in custody, the revocation of the
60	66		defendant's bond discharges the sureties on the bond, if any, from
61	67		any future liability on the bond. A discharge under this subsection
62	68		from any future liability on the bond does not discharge any surety
63	69		from liability for previous forfeitures on the bond.
64	70		SECTION 4. Article 17.081, Code of Criminal Procedure, as
65	71		added by this Act, applies only to a bail bond that is executed on or
66	72		after the effective date of this Act. A bail bond executed before
67	73		the effective date of this Act is governed by the law in effect on
68	74		the date the bail bond was executed, and the former law is continued
69	75		in effect for that purpose.
70	76		SECTION 5. Article 17.41(a), Code of Criminal Procedure, as
71	77		amended by this Act, and Article 17.465, Code of Criminal
72	78		Procedure, as added by this Act, apply only to a person who is
73	79		arrested on or after the effective date of this Act. A person
74	80		arrested before the effective date of this Act is governed by the
75	81		law in effect on the date the person was arrested, and the former
76	82		law is continued in effect for that purpose.
77	83		SECTION 6. This Act takes effect September 1, 2021.
78		-	______________________________ ______________________________
79		-	President of the Senate Speaker of the House
80		-	I certify that H.B. No. 1005 was passed by the House on April
81		-	27, 2021, by the following vote: Yeas 141, Nays 5, 1 present, not
82		-	voting.
83		-	______________________________
84		-	Chief Clerk of the House
85		-	I certify that H.B. No. 1005 was passed by the Senate on May
86		-	19, 2021, by the following vote: Yeas 31, Nays 0.
87		-	______________________________
88		-	Secretary of the Senate
89		-	APPROVED: _____________________
90		-	Date
91		-	_____________________
92		-	Governor
	84	+	* * * * *