88R8006 MCF-D
By: Manuel H.B. No. 3256
A BILL TO BE ENTITLED
AN ACT
relating to conditions of release on bond for a felony offense
involving family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.292(c-1), Code of Criminal Procedure,
is amended to read as follows:
(c-1) In addition to the conditions described by Subsection
(c), the magistrate in the order for emergency protection may
impose a condition described by Article 17.49(b) in the manner
provided by that article, including ordering a defendant's
participation in a global positioning monitoring system or allowing
participation in the system by an alleged victim or other person
protected under the order. If applicable, the magistrate shall
impose the condition described by Article 17.49(b-1).
SECTION 2. Article 17.49, Code of Criminal Procedure, is
amended by amending Subsections (b), (f), (h), (j), and (k) and
adding Subsection (b-1) to read as follows:
(b) Except as provided by Subsection (b-1), a [A] magistrate
may require as a condition of release on bond that a defendant
charged with an offense involving family violence:
(1) refrain from going to or near a residence, school,
place of employment, or other location, as specifically described
in the bond, frequented by an alleged victim of the offense;
(2) carry or wear a global positioning monitoring
system device and, except as provided by Subsection (h), pay a
reimbursement fee for the costs associated with operating that
system in relation to the defendant; or
(3) except as provided by Subsection (h), if the
alleged victim of the offense consents after receiving the
information described by Subsection (d), pay a reimbursement fee
for the costs associated with providing the victim with an
electronic receptor device that:
(A) is capable of receiving the global
positioning monitoring system information from the device carried
or worn by the defendant; and
(B) notifies the victim if the defendant is at or
near a location that the defendant has been ordered to refrain from
going to or near under Subdivision (1).
(b-1) A magistrate shall require as a condition of release
on bond that a defendant charged with an offense involving family
violence punishable as a felony carry or wear a global positioning
monitoring system device and, except as provided by Subsection (h),
pay a reimbursement fee for the costs associated with operating
that system in relation to the defendant.
(f) In determining whether to order a defendant's
participation in a global positioning monitoring system under
Subsection (b) [this article], the magistrate shall consider the
likelihood that the defendant's participation will deter the
defendant from seeking to kill, physically injure, stalk, or
otherwise threaten the alleged victim before trial.
(h) If the magistrate determines that a defendant is
indigent, the magistrate may, based on a sliding scale established
by local rule, require the defendant to pay a reimbursement fee
under Subsection (b)(2) or (3) or (b-1) in an amount that is less
than the full amount of the costs associated with operating the
global positioning monitoring system in relation to the defendant
or providing the victim with an electronic receptor device.
(j) A magistrate who [that] imposes a condition requiring
the carrying or wearing of a global positioning monitoring system
device [described by Subsection (b)(1) or (2)] shall order the
entity that operates the global positioning monitoring system to
notify the court and the appropriate local law enforcement agency
if a defendant violates a condition of bond imposed under this
article.
(k) A magistrate who [that] imposes a condition described by
Subsection (b) or (b-1) may only allow or require the defendant to
execute or be released under a type of bond that is authorized by
this chapter.
SECTION 3. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2023.