Texas 2023 - 88th Regular

Texas House Bill HB3035 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9992 JRR-D
2	2	By: Landgraf H.B. No. 3035
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release on bail of a defendant charged with stalking
8	8	or an offense involving family violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Articles 17.03(a) and (b-2), Code of Criminal
11	11	Procedure, are amended to read as follows:
12	12	(a) Except as otherwise provided by this article
13	13	[Subsection (b) or (b-1)], a magistrate may, in the magistrate's
14	14	discretion, release the defendant on personal bond without sureties
15	15	or other security.
16	16	(b-2) Except as provided by Articles 15.21, 17.033, and
17	17	17.151, a defendant may not be released on personal bond if the
18	18	defendant:
19	19	(1) is charged with:
20	20	(A) an offense involving violence;
21	21	(B) an offense under Section 42.072, Penal Code;
22	22	or
23	23	(C) an offense involving family violence, as
24	24	defined by Section 71.004, Family Code; or
25	25	(2) while released on bail or community supervision
26	26	for an offense involving violence, is charged with committing:
27	27	(A) any offense punishable as a felony; or
28	28	(B) an offense under the following provisions of
29	29	the Penal Code:
30	30	(i) Section 22.01(a)(1) (assault);
31	31	(ii) Section 22.05 (deadly conduct);
32	32	(iii) Section 22.07 (terroristic threat);
33	33	or
34	34	(iv) Section 42.01(a)(7) or (8) (disorderly
35	35	conduct involving firearm).
36	36	SECTION 2. Chapter 17, Code of Criminal Procedure, is
37	37	amended by adding Article 17.1501 to read as follows:
38	38	Art. 17.1501. MINIMUM AMOUNT OF BAIL FOR DEFENDANT CHARGED
39	39	WITH STALKING OR OFFENSE INVOLVING FAMILY VIOLENCE. (a) In this
40	40	article:
41	41	(1) "Family violence" has the meaning assigned by
42	42	Section 71.004, Family Code.
43	43	(2) "Stalking" means an offense under:
44	44	(A) Section 42.072, Penal Code; or
45	45	(B) a law listed in Section 42.072(b), Penal
46	46	Code, that contains elements that are substantially similar to the
47	47	elements of an offense under Section 42.072 of that code.
48	48	(b) The minimum amount of bail required for a defendant
49	49	charged with an offense under Section 42.072, Penal Code, or an
50	50	offense involving family violence is:
51	51	(1) $20,000, except as provided by Subdivisions (2)
52	52	and (3);
53	53	(2) $50,000, if the defendant has previously been
54	54	convicted one time of stalking or an offense involving family
55	55	violence; or
56	56	(3) $100,000, if the defendant has previously been
57	57	convicted two or more times of stalking or an offense involving
58	58	family violence.
59	59	SECTION 3. The change in law made by this Act applies only
60	60	to a person who is arrested on or after December 1, 2023. A person
61	61	arrested before December 1, 2023, is governed by the law in effect
62	62	on the date the person was arrested, and the former law is continued
63	63	in effect for that purpose.
64	64	SECTION 4. This Act takes effect December 1, 2023, but only
65	65	if the constitutional amendment proposed by the 88th Legislature,
66	66	Regular Session, 2023, authorizing the legislature to set a minimum
67	67	amount of monetary bond for persons charged with stalking or an
68	68	offense involving family violence is approved by the voters. If
69	69	that amendment is not approved by the voters, this Act has no
70	70	effect.