| 1 | 1 | | 87R3397 MAW-D |
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| 2 | 2 | | By: Huffman S.B. No. 317 |
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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 the requisites of a bail bond given by certain |
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| 8 | 8 | | defendants and to conditions of release on bond for certain |
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| 9 | 9 | | defendants. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.081 to read as follows: |
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| 13 | 13 | | Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY |
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| 14 | 14 | | CERTAIN DEFENDANTS. In addition to the requirements of Article |
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| 15 | 15 | | 17.08, a bail bond for a defendant charged with an offense under |
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| 16 | 16 | | Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or |
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| 17 | 17 | | 43.05, Penal Code, must include the address, identification number, |
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| 18 | 18 | | and state of issuance as shown on a valid driver's license or |
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| 19 | 19 | | identification card for the defendant and any surety, including any |
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| 20 | 20 | | agent executing the bail bond on behalf of a corporation acting as |
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| 21 | 21 | | surety. |
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| 22 | 22 | | SECTION 2. Article 17.41(a), Code of Criminal Procedure, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | (a) This article applies to a defendant charged with an |
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| 25 | 25 | | offense under any of the following provisions of the Penal Code, if |
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| 26 | 26 | | committed against a child younger than 18 [14] years of age: |
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| 27 | 27 | | (1) Chapter 20A (Trafficking of Persons), 21 (Sexual |
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| 28 | 28 | | Offenses), [or] 22 (Assaultive Offenses), or 43 (Public Indecency); |
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| 29 | 29 | | or |
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| 30 | 30 | | (2) Section 25.02 (Prohibited Sexual Conduct) [; or |
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| 31 | 31 | | [(3) Section 43.25 (Sexual Performance by a Child)]. |
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| 32 | 32 | | SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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| 33 | 33 | | amended by adding Article 17.465 to read as follows: |
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| 34 | 34 | | Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN |
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| 35 | 35 | | TRAFFICKING OR PROSTITUTION RELATED OFFENSES. (a) A magistrate |
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| 36 | 36 | | shall require as a condition of release on bond that a defendant |
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| 37 | 37 | | charged with an offense under Section 20A.02, 20A.03, 43.03, |
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| 38 | 38 | | 43.031, 43.04, 43.041, or 43.05, Penal Code, may not: |
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| 39 | 39 | | (1) communicate directly or indirectly with the |
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| 40 | 40 | | victim; or |
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| 41 | 41 | | (2) go to or near: |
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| 42 | 42 | | (A) the residence, place of employment, or |
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| 43 | 43 | | business of the victim; or |
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| 44 | 44 | | (B) if applicable, a school, day-care facility, |
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| 45 | 45 | | or similar facility where a dependent child of the victim is in |
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| 46 | 46 | | attendance. |
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| 47 | 47 | | (b) The magistrate shall specifically describe the |
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| 48 | 48 | | prohibited locations under Subsection (a)(2) and the minimum |
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| 49 | 49 | | distances, if any, that the defendant must maintain from the |
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| 50 | 50 | | locations. |
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| 51 | 51 | | (c) At a hearing limited to determining whether the |
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| 52 | 52 | | defendant violated a condition of bond imposed under Subsection |
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| 53 | 53 | | (a), the magistrate may revoke the defendant's bond only if the |
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| 54 | 54 | | magistrate finds by a preponderance of the evidence that the |
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| 55 | 55 | | violation occurred. If the magistrate finds that the violation |
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| 56 | 56 | | occurred, the magistrate shall revoke the defendant's bond and |
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| 57 | 57 | | order that the defendant be immediately returned to custody. Once |
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| 58 | 58 | | the defendant is placed in custody, the revocation of the |
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| 59 | 59 | | defendant's bond discharges the sureties on the bond, if any, from |
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| 60 | 60 | | any future liability on the bond. A discharge under this subsection |
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| 61 | 61 | | from any future liability on the bond does not discharge any surety |
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| 62 | 62 | | from liability for previous forfeitures on the bond. |
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| 63 | 63 | | SECTION 4. Article 17.081, Code of Criminal Procedure, as |
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| 64 | 64 | | added by this Act, applies only to a bail bond that is executed on or |
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| 65 | 65 | | after the effective date of this Act. A bail bond executed before |
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| 66 | 66 | | the effective date of this Act is governed by the law in effect on |
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| 67 | 67 | | the date the bail bond was executed, and the former law is continued |
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| 68 | 68 | | in effect for that purpose. |
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| 69 | 69 | | SECTION 5. Article 17.41(a), Code of Criminal Procedure, as |
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| 70 | 70 | | amended by this Act, and Article 17.465, Code of Criminal |
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| 71 | 71 | | Procedure, as added by this Act, apply only to a person who is |
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| 72 | 72 | | arrested on or after the effective date of this Act. A person |
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| 73 | 73 | | arrested before the effective date of this Act is governed by the |
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| 74 | 74 | | law in effect on the date the person was arrested, and the former |
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| 75 | 75 | | law is continued in effect for that purpose. |
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| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2021. |
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