87R3401 MAW-D
By: Leman H.B. No. 1007
A BILL TO BE ENTITLED
AN ACT
relating to conditions of release on bond for a defendant charged
with certain trafficking or prostitution related offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.465 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 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2021.