By: Kolkhorst, et al. S.B. No. 343
(Harless)
A BILL TO BE ENTITLED
AN ACT
relating to the entry into the Texas Crime Information Center of
certain information regarding conditions of bond imposed in
criminal cases involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.49, Code of Criminal Procedure, is
amended by adding Subsections (m), (n), (o), (p), (q), (r), (s), and
(t) to read as follows:
(m) As soon as possible but not later than the next business
day after the date the magistrate issues an order imposing a
condition of bond or modifying or removing a condition imposed
under this article, the magistrate shall send a copy of the order to
the appropriate attorney representing the state and either to the
chief of police in the municipality where the victim of the offense
resides, if the victim resides in a municipality, or to the sheriff
of the county where the victim resides, if the victim does not
reside in a municipality. The clerk of the court shall send a copy
of the order to the victim at the victim's last known address as
soon as possible but not later than the next business day after the
date the order is issued.
(n) A magistrate or clerk of the court may delay sending a
copy of the order under Subsection (m) only if the magistrate or
clerk lacks information necessary to ensure service and
enforcement.
(o) If an order described by Subsection (m) prohibits a
defendant from going to or near a child care facility or school, the
magistrate shall send a copy of the order to the applicable child
care facility or school.
(p) The copy of the order and any related information may be
sent under Subsection (m) or (o) electronically or in another
manner that can be accessed by the recipient.
(q) If the victim of the offense is not present when an order
described by Subsection (m) is issued, the magistrate shall order a
peace officer to make a good faith effort to provide notice of the
order to the victim within 24 hours by calling the victim's last
known phone number.
(r) Not later than the third business day after the date of
receipt of the copy of an order described by Subsection (m) by the
applicable law enforcement agency, the law enforcement agency shall
enter the following information into the statewide law enforcement
information system maintained by the Department of Public Safety or
shall modify or remove that information, as appropriate:
(1) the information listed in Section 411.042(b)(6),
Government Code, as that information relates to an order issued
under this article;
(2) the date the order releasing the defendant on bond
was issued; and
(3) the court that issued the order releasing the
defendant on bond.
(s) The law enforcement agency shall enter the information
described by Subsection (r) into the statewide law enforcement
information system maintained by the Department of Public Safety:
(1) in the same manner that the agency enters the
information into the system for a protective order or magistrate's
order of emergency protection; and
(2) regardless of whether a protective order or
magistrate's order of emergency protection:
(A) has been issued or has been entered into the
system with respect to the defendant; or
(B) protects the same person as a condition of
bond in an order described by Subsection (m).
(t) The Department of Public Safety shall modify the
department's statewide law enforcement information system to:
(1) enable the system to accept and maintain detailed
information regarding the requirements and status of a condition of
bond imposed under this article, including information described by
Subsection (r), so that a peace officer may:
(A) easily and quickly search the system by one
or more criteria related to the information described by Subsection
(r), including the name of the defendant on whom the condition is
imposed; and
(B) retrieve the information necessary to
enforce the condition of bond or prevent a violation of the
condition; and
(2) ensure that a person who accesses the system for
the purpose of entering, modifying, or removing information that
relates to a condition of bond imposed under this article may add or
remove notes regarding the condition, the defendant on whom the
condition is imposed, or the person protected by the condition.
SECTION 2. This Act takes effect September 1, 2021.