Texas 2021 - 87th Regular

Texas House Bill HB766 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 766
	1	+	By: Harless, et al. (Senate Sponsor - Kolkhorst) H.B. No. 766
	2	+	(In the Senate - Received from the House April 13, 2021;
	3	+	April 14, 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 entry into the Texas Crime Information Center of
6	12		certain information regarding orders imposing a condition of bond
7	13		in a criminal case involving a violent offense.
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 17.50 to read as follows:
11	17		Art. 17.50. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF
12	18		CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF
13	19		MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. (a) In
14	20		this article:
15	21		(1) "Business day" means a day other than a Saturday,
16	22		Sunday, or state or national holiday.
17	23		(2) "Database" means the statewide law enforcement
18	24		information system maintained by the Department of Public Safety,
19	25		also known as the Texas Crime Information Center.
20	26		(3) "Violent offense" means:
21	27		(A) an offense under the following sections of
22	28		the Penal Code:
23	29		(i) Section 19.02 (murder);
24	30		(ii) Section 19.03 (capital murder);
25	31		(iii) Section 20.03 (kidnapping);
26	32		(iv) Section 20.04 (aggravated
27	33		kidnapping);
28	34		(v) Section 21.11 (indecency with a child);
29	35		(vi) Section 22.011 (sexual assault);
30	36		(vii) Section 22.02 (aggravated assault);
31	37		(viii) Section 22.021 (aggravated sexual
32	38		assault);
33	39		(ix) Section 22.04 (injury to a child,
34	40		elderly individual, or disabled individual);
35	41		(x) Section 29.03 (aggravated robbery);
36	42		(xi) Section 21.02 (continuous sexual abuse
37	43		of young child or children); or
38	44		(xii) Section 20A.03 (continuous
39	45		trafficking of persons); or
40	46		(B) any offense involving family violence, as
41	47		defined by Section 71.004, Family Code.
42	48		(b) As soon as practicable but not later than the next day
43	49		after the date a magistrate issues an order imposing a condition of
44	50		bond on a defendant under this chapter for a violent offense, the
45	51		magistrate shall notify the sheriff of the condition and provide to
46	52		the sheriff the following information:
47	53		(1) the information listed in Section 411.042(b)(6),
48	54		Government Code, as that information relates to an order described
49	55		by this subsection;
50	56		(2) the name and address of any named person the
51	57		condition of bond is intended to protect, and if different and
52	58		applicable, the name and address of the victim of the alleged
53	59		offense;
54	60		(3) the date the order releasing the defendant on bond
55	61		was issued; and
56	62		(4) the court that issued the order releasing the
57	63		defendant on bond.
58	64		(c) As soon as practicable but not later than the next day
59	65		after the date a magistrate, in a case described by Subsection (b),
60	66		revokes a bond that contains a condition, modifies the terms of or
61	67		removes a condition of bond, or disposes of the underlying criminal
62	68		charges, the magistrate shall notify the sheriff and provide the
63	69		sheriff with information that is sufficient to enable the sheriff
64	70		to modify or remove the appropriate record in the database.
65	71		(d) As soon as practicable but not later than the next
66	72		business day after the date the sheriff receives the information:
67	73		(1) described by Subsection (b), the sheriff shall:
68	74		(A) enter the information into the database; and
69	75		(B) make a good faith effort to notify by
70	76		telephone any named person the condition of bond is intended to
71	77		protect, and if different and applicable, the victim of the alleged
72	78		offense that the defendant to whom the order is directed has been
73	79		released on bond; and
74	80		(2) described by Subsection (c), the sheriff shall
75	81		modify or remove the appropriate record in the database.
76	82		(e) The clerk of a court that issues an order described by
77	83		Subsection (b) shall send a copy of the order to any named person
78	84		the condition of bond is intended to protect, and if different and
79	85		applicable, the victim of the alleged offense at the person's last
80	86		known address not later than the next business day after the date
81	87		the court issues the order.
82	88		(f) The Department of Public Safety shall:
83	89		(1) modify the database to enable the database to
84	90		accept and maintain detailed information on active conditions of
85	91		bond regarding the requirements and status of a condition of bond
86	92		imposed by a magistrate for a violent offense, including
87	93		information described by Subsections (b) and (c); and
88	94		(2) develop and adopt a form for use by magistrates and
89	95		sheriffs to facilitate the data collection and data entry required
90	96		by this article.
91	97		(g) This article does not create liability for any errors or
92	98		omissions of a sheriff caused by inaccurate information provided
93	99		under this article to the sheriff by a magistrate.
94	100		SECTION 2. Not later than December 31, 2021, the Department
95	101		of Public Safety of the State of Texas shall modify the statewide
96	102		law enforcement information system maintained by the department,
97	103		also known as the Texas Crime Information Center, to enable the
98	104		database to accept and maintain detailed information regarding the
99	105		requirements and status of an active condition of bond imposed by a
100	106		magistrate for a violent offense, as required by Article 17.50(f),
101	107		Code of Criminal Procedure, as added by this Act.
102	108		SECTION 3. (a) Except as provided by Subsection (b) of this
103	109		section, this Act takes effect January 1, 2022.
104	110		(b) Section 2 of this Act takes effect September 1, 2021.
105		-	______________________________ ______________________________
106		-	President of the Senate Speaker of the House
107		-	I certify that H.B. No. 766 was passed by the House on April
108		-	13, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
109		-	voting.
110		-	______________________________
111		-	Chief Clerk of the House
112		-	I certify that H.B. No. 766 was passed by the Senate on May
113		-	19, 2021, by the following vote: Yeas 31, Nays 0.
114		-	______________________________
115		-	Secretary of the Senate
116		-	APPROVED: _____________________
117		-	Date
118		-	_____________________
119		-	Governor
	111	+	* * * * *