Texas House Bill HB3256

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

Relating to conditions of release on bond for a felony offense involving family violence.

Impact

The implications of HB 3256 are significant as it alters existing statutes regarding bail conditions for those accused of serious crimes such as domestic violence. By enforcing GPS monitoring, the bill aims to provide immediate protection for victims and to hold offenders accountable before trials. This change in the law specifically applies to individuals arrested after the enactment of the bill on September 1, 2023, ensuring that new protocols are in place to address family violence cases more effectively.

Summary

House Bill 3256 proposes amendments to the Texas Code of Criminal Procedure, specifically focusing on conditions of release on bond for individuals charged with felony offenses related to family violence. The bill mandates that a magistrate shall require defendants charged with such offenses to wear a global positioning monitoring system (GPS) device as a condition of their bail release. This measure is intended to enhance the safety of victims by providing a means to monitor the location of alleged offenders, potentially deterring further threats or violence.

Sentiment

The general sentiment surrounding HB 3256 appears to be supportive, particularly among advocates for victims' rights and domestic violence prevention organizations. Many stakeholders believe that implementing mandatory GPS monitoring is a crucial step in safeguarding victims and managing the risks associated with offenders during the pre-trial phase. However, there may also be concerns regarding the implications on defendants' rights and how the monitoring will be implemented and funded, particularly for individuals who may be considered indigent.

Contention

Despite the overall positive outlook, notable points of contention may arise, especially related to the technicalities of monitoring and costs associated with the GPS devices. Issues such as funding for the monitoring systems and fees imposed on defendants could spark debate. Moreover, critics may argue about the balance between public safety and the rights of the accused, emphasizing the need for careful consideration of how such measures are enforced.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 292
  • Section: 49