| 1 | 1 | | 87R3401 MAW-D |
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| 2 | 2 | | By: Leman H.B. No. 1007 |
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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 conditions of release on bond for a defendant charged |
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| 8 | 8 | | with certain trafficking or prostitution related offenses. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 17.465 to read as follows: |
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| 12 | 12 | | Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN |
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| 13 | 13 | | TRAFFICKING OR PROSTITUTION RELATED OFFENSES. (a) A magistrate |
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| 14 | 14 | | shall require as a condition of release on bond that a defendant |
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| 15 | 15 | | charged with an offense under Section 20A.02, 20A.03, 43.03, |
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| 16 | 16 | | 43.031, 43.04, 43.041, or 43.05, Penal Code, may not: |
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| 17 | 17 | | (1) communicate directly or indirectly with the |
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| 18 | 18 | | victim; or |
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| 19 | 19 | | (2) go to or near: |
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| 20 | 20 | | (A) the residence, place of employment, or |
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| 21 | 21 | | business of the victim; or |
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| 22 | 22 | | (B) if applicable, a school, day-care facility, |
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| 23 | 23 | | or similar facility where a dependent child of the victim is in |
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| 24 | 24 | | attendance. |
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| 25 | 25 | | (b) The magistrate shall specifically describe the |
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| 26 | 26 | | prohibited locations under Subsection (a)(2) and the minimum |
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| 27 | 27 | | distances, if any, that the defendant must maintain from the |
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| 28 | 28 | | locations. |
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| 29 | 29 | | (c) At a hearing limited to determining whether the |
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| 30 | 30 | | defendant violated a condition of bond imposed under Subsection |
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| 31 | 31 | | (a), the magistrate may revoke the defendant's bond only if the |
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| 32 | 32 | | magistrate finds by a preponderance of the evidence that the |
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| 33 | 33 | | violation occurred. If the magistrate finds that the violation |
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| 34 | 34 | | occurred, the magistrate shall revoke the defendant's bond and |
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| 35 | 35 | | order that the defendant be immediately returned to custody. Once |
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| 36 | 36 | | the defendant is placed in custody, the revocation of the |
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| 37 | 37 | | defendant's bond discharges the sureties on the bond, if any, from |
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| 38 | 38 | | any future liability on the bond. A discharge under this subsection |
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| 39 | 39 | | from any future liability on the bond does not discharge any surety |
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| 40 | 40 | | from liability for previous forfeitures on the bond. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a person who is arrested on or after the effective date of this |
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| 43 | 43 | | Act. A person arrested before the effective date of this Act is |
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| 44 | 44 | | governed by the law in effect on the date the person was arrested, |
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| 45 | 45 | | and the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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