H.B. No. 766
AN ACT
relating to the entry into the Texas Crime Information Center of
certain information regarding orders imposing a condition of bond
in a criminal case involving a violent offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.50 to read as follows:
Art. 17.50. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF
CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF
MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. (a) In
this article:
(1) "Business day" means a day other than a Saturday,
Sunday, or state or national holiday.
(2) "Database" means the statewide law enforcement
information system maintained by the Department of Public Safety,
also known as the Texas Crime Information Center.
(3) "Violent offense" means:
(A) an offense under the following sections of
the Penal Code:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 20.03 (kidnapping);
(iv) Section 20.04 (aggravated
kidnapping);
(v) Section 21.11 (indecency with a child);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 29.03 (aggravated robbery);
(xi) Section 21.02 (continuous sexual abuse
of young child or children); or
(xii) Section 20A.03 (continuous
trafficking of persons); or
(B) any offense involving family violence, as
defined by Section 71.004, Family Code.
(b) As soon as practicable but not later than the next day
after the date a magistrate issues an order imposing a condition of
bond on a defendant under this chapter for a violent offense, the
magistrate shall notify the sheriff of the condition and provide to
the sheriff the following information:
(1) the information listed in Section 411.042(b)(6),
Government Code, as that information relates to an order described
by this subsection;
(2) the name and address of any named person the
condition of bond is intended to protect, and if different and
applicable, the name and address of the victim of the alleged
offense;
(3) the date the order releasing the defendant on bond
was issued; and
(4) the court that issued the order releasing the
defendant on bond.
(c) As soon as practicable but not later than the next day
after the date a magistrate, in a case described by Subsection (b),
revokes a bond that contains a condition, modifies the terms of or
removes a condition of bond, or disposes of the underlying criminal
charges, the magistrate shall notify the sheriff and provide the
sheriff with information that is sufficient to enable the sheriff
to modify or remove the appropriate record in the database.
(d) As soon as practicable but not later than the next
business day after the date the sheriff receives the information:
(1) described by Subsection (b), the sheriff shall:
(A) enter the information into the database; and
(B) make a good faith effort to notify by
telephone any named person the condition of bond is intended to
protect, and if different and applicable, the victim of the alleged
offense that the defendant to whom the order is directed has been
released on bond; and
(2) described by Subsection (c), the sheriff shall
modify or remove the appropriate record in the database.
(e) The clerk of a court that issues an order described by
Subsection (b) shall send a copy of the order to any named person
the condition of bond is intended to protect, and if different and
applicable, the victim of the alleged offense at the person's last
known address not later than the next business day after the date
the court issues the order.
(f) The Department of Public Safety shall:
(1) modify the database to enable the database to
accept and maintain detailed information on active conditions of
bond regarding the requirements and status of a condition of bond
imposed by a magistrate for a violent offense, including
information described by Subsections (b) and (c); and
(2) develop and adopt a form for use by magistrates and
sheriffs to facilitate the data collection and data entry required
by this article.
(g) This article does not create liability for any errors or
omissions of a sheriff caused by inaccurate information provided
under this article to the sheriff by a magistrate.
SECTION 2. Not later than December 31, 2021, the Department
of Public Safety of the State of Texas shall modify the statewide
law enforcement information system maintained by the department,
also known as the Texas Crime Information Center, to enable the
database to accept and maintain detailed information regarding the
requirements and status of an active condition of bond imposed by a
magistrate for a violent offense, as required by Article 17.50(f),
Code of Criminal Procedure, as added by this Act.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect January 1, 2022.
(b) Section 2 of this Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 766 was passed by the House on April
13, 2021, by the following vote: Yeas 147, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 766 was passed by the Senate on May
19, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor