| 1 | 1 | | 88R8006 MCF-D |
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| 2 | 2 | | By: Manuel H.B. No. 3256 |
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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 conditions of release on bond for a felony offense |
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| 8 | 8 | | involving family violence. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 17.292(c-1), Code of Criminal Procedure, |
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| 11 | 11 | | is amended to read as follows: |
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| 12 | 12 | | (c-1) In addition to the conditions described by Subsection |
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| 13 | 13 | | (c), the magistrate in the order for emergency protection may |
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| 14 | 14 | | impose a condition described by Article 17.49(b) in the manner |
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| 15 | 15 | | provided by that article, including ordering a defendant's |
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| 16 | 16 | | participation in a global positioning monitoring system or allowing |
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| 17 | 17 | | participation in the system by an alleged victim or other person |
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| 18 | 18 | | protected under the order. If applicable, the magistrate shall |
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| 19 | 19 | | impose the condition described by Article 17.49(b-1). |
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| 20 | 20 | | SECTION 2. Article 17.49, Code of Criminal Procedure, is |
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| 21 | 21 | | amended by amending Subsections (b), (f), (h), (j), and (k) and |
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| 22 | 22 | | adding Subsection (b-1) to read as follows: |
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| 23 | 23 | | (b) Except as provided by Subsection (b-1), a [A] magistrate |
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| 24 | 24 | | may require as a condition of release on bond that a defendant |
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| 25 | 25 | | charged with an offense involving family violence: |
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| 26 | 26 | | (1) refrain from going to or near a residence, school, |
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| 27 | 27 | | place of employment, or other location, as specifically described |
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| 28 | 28 | | in the bond, frequented by an alleged victim of the offense; |
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| 29 | 29 | | (2) carry or wear a global positioning monitoring |
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| 30 | 30 | | system device and, except as provided by Subsection (h), pay a |
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| 31 | 31 | | reimbursement fee for the costs associated with operating that |
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| 32 | 32 | | system in relation to the defendant; or |
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| 33 | 33 | | (3) except as provided by Subsection (h), if the |
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| 34 | 34 | | alleged victim of the offense consents after receiving the |
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| 35 | 35 | | information described by Subsection (d), pay a reimbursement fee |
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| 36 | 36 | | for the costs associated with providing the victim with an |
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| 37 | 37 | | electronic receptor device that: |
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| 38 | 38 | | (A) is capable of receiving the global |
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| 39 | 39 | | positioning monitoring system information from the device carried |
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| 40 | 40 | | or worn by the defendant; and |
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| 41 | 41 | | (B) notifies the victim if the defendant is at or |
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| 42 | 42 | | near a location that the defendant has been ordered to refrain from |
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| 43 | 43 | | going to or near under Subdivision (1). |
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| 44 | 44 | | (b-1) A magistrate shall require as a condition of release |
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| 45 | 45 | | on bond that a defendant charged with an offense involving family |
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| 46 | 46 | | violence punishable as a felony carry or wear a global positioning |
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| 47 | 47 | | monitoring system device and, except as provided by Subsection (h), |
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| 48 | 48 | | pay a reimbursement fee for the costs associated with operating |
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| 49 | 49 | | that system in relation to the defendant. |
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| 50 | 50 | | (f) In determining whether to order a defendant's |
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| 51 | 51 | | participation in a global positioning monitoring system under |
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| 52 | 52 | | Subsection (b) [this article], the magistrate shall consider the |
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| 53 | 53 | | likelihood that the defendant's participation will deter the |
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| 54 | 54 | | defendant from seeking to kill, physically injure, stalk, or |
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| 55 | 55 | | otherwise threaten the alleged victim before trial. |
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| 56 | 56 | | (h) If the magistrate determines that a defendant is |
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| 57 | 57 | | indigent, the magistrate may, based on a sliding scale established |
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| 58 | 58 | | by local rule, require the defendant to pay a reimbursement fee |
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| 59 | 59 | | under Subsection (b)(2) or (3) or (b-1) in an amount that is less |
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| 60 | 60 | | than the full amount of the costs associated with operating the |
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| 61 | 61 | | global positioning monitoring system in relation to the defendant |
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| 62 | 62 | | or providing the victim with an electronic receptor device. |
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| 63 | 63 | | (j) A magistrate who [that] imposes a condition requiring |
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| 64 | 64 | | the carrying or wearing of a global positioning monitoring system |
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| 65 | 65 | | device [described by Subsection (b)(1) or (2)] shall order the |
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| 66 | 66 | | entity that operates the global positioning monitoring system to |
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| 67 | 67 | | notify the court and the appropriate local law enforcement agency |
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| 68 | 68 | | if a defendant violates a condition of bond imposed under this |
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| 69 | 69 | | article. |
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| 70 | 70 | | (k) A magistrate who [that] imposes a condition described by |
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| 71 | 71 | | Subsection (b) or (b-1) may only allow or require the defendant to |
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| 72 | 72 | | execute or be released under a type of bond that is authorized by |
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| 73 | 73 | | this chapter. |
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| 74 | 74 | | SECTION 3. The change in law made by this Act applies only |
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| 75 | 75 | | to a person who is arrested on or after the effective date of this |
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| 76 | 76 | | Act. A person arrested before the effective date of this Act is |
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| 77 | 77 | | governed by the law in effect on the date the person was arrested, |
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| 78 | 78 | | and the former law is continued in effect for that purpose. |
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| 79 | 79 | | SECTION 4. This Act takes effect September 1, 2023. |
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