Texas 2023 - 88th Regular

Texas House Bill HB3400 Compare Versions

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Version 2 (New)

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1	1	88R9095 LHC-F
2	2	By: Smith H.B. No. 3400
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the release of defendants on bail, the duties of a
8	8	magistrate in certain criminal proceedings, and the appointment of
9	9	certain criminal law hearing officers; creating a criminal offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Articles 14.03(a) and (b), Code of Criminal
12	12	Procedure, are amended to read as follows:
13	13	(a) Any peace officer may arrest, without warrant:
14	14	(1) persons found in suspicious places and under
15	15	circumstances which reasonably show that such persons have been
16	16	guilty of some felony, violation of Title 9, Chapter 42, Penal Code,
17	17	breach of the peace, or offense under Section 49.02, Penal Code, or
18	18	threaten, or are about to commit some offense against the laws;
19	19	(2) persons who the peace officer has probable cause
20	20	to believe have committed an assault resulting in bodily injury to
21	21	another person and the peace officer has probable cause to believe
22	22	that there is danger of further bodily injury to that person;
23	23	(3) persons who the peace officer has probable cause
24	24	to believe have committed an offense defined by Section 25.07 or
25	25	38.112, Penal Code, if the offense is not committed in the presence
26	26	of the peace officer;
27	27	(4) persons who the peace officer has probable cause
28	28	to believe have committed an offense involving family violence;
29	29	(5) persons who the peace officer has probable cause
30	30	to believe have prevented or interfered with an individual's
31	31	ability to place a telephone call in an emergency, as defined by
32	32	Section 42.062(d), Penal Code, if the offense is not committed in
33	33	the presence of the peace officer; or
34	34	(6) a person who makes a statement to the peace officer
35	35	that would be admissible against the person under Article 38.21 and
36	36	establishes probable cause to believe that the person has committed
37	37	a felony.
38	38	(b) A peace officer shall arrest, without a warrant, a
39	39	person the peace officer has probable cause to believe has
40	40	committed an offense under Section 25.07 or 38.112, Penal Code, if
41	41	the offense is committed in the presence of the peace officer.
42	42	SECTION 2. Article 15.17, Code of Criminal Procedure, is
43	43	amended by adding Subsection (h) to read as follows:
44	44	(h) If a magistrate determines that no probable cause exists
45	45	to believe that the person committed the offense for which the
46	46	person was arrested, the magistrate shall make oral or written
47	47	findings of fact and conclusions of law on the record to support
48	48	that finding.
49	49	SECTION 3. Article 17.021, Code of Criminal Procedure, is
50	50	amended by adding Subsection (h) to read as follows:
51	51	(h) The office shall, without cost to the county, allow a
52	52	county to integrate with the public safety report system the jail
53	53	records management system and case management system used by the
54	54	county.
55	55	SECTION 4. Article 17.022, Code of Criminal Procedure, is
56	56	amended by adding Subsection (g) to read as follows:
57	57	(g) In the manner described by this article, a magistrate
58	58	may order, prepare, or consider a public safety report in setting
59	59	bail for a defendant who is not in custody at the time the report is
60	60	ordered, prepared, or considered.
61	61	SECTION 5. The heading to Article 17.027, Code of Criminal
62	62	Procedure, is amended to read as follows:
63	63	Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
64	64	FELONY OFFENSE [COMMITTED WHILE ON BAIL].
65	65	SECTION 6. Article 17.027, Code of Criminal Procedure, is
66	66	amended by amending Subsection (a) and adding Subsections (a-1),
67	67	(c), and (d) to read as follows:
68	68	(a) Notwithstanding any other law:
69	69	(1) if a defendant is charged with committing an
70	70	offense punishable as a felony while released on bail in a pending
71	71	case for another offense punishable as a felony and the subsequent
72	72	offense was committed in the same county as the previous offense,
73	73	the defendant may be released on bail only by:
74	74	(A) the court before whom the case for the
75	75	previous offense is pending; or
76	76	(B) another court designated in writing by the
77	77	court described by Paragraph (A); and
78	78	(2) if a defendant is charged with committing an
79	79	offense punishable as a felony while released on bail for another
80	80	pending offense punishable as a felony and the subsequent offense
81	81	was committed in a different county than the previous offense,
82	82	electronic notice of the charge must be [promptly] given to the
83	83	individual designated to receive electronic notices for the county
84	84	in which the previous offense was committed, not later than the next
85	85	business day after the date the defendant is charged, for purposes
86	86	of the court specified by Subdivision (1) [for purposes of]
87	87	reevaluating the bail decision, determining whether any bail
88	88	conditions were violated, or taking any other applicable action.
89	89	(a-1) A criminal law hearing officer appointed under
90	90	Chapter 54, Government Code, may not release on bail a defendant
91	91	who:
92	92	(1) is charged with committing an offense punishable
93	93	as a felony if the defendant:
94	94	(A) was on parole at the time of the offense;
95	95	(B) has previously been finally convicted of two
96	96	or more offenses punishable as a felony and for which the defendant
97	97	was imprisoned in the Texas Department of Criminal Justice; or
98	98	(C) is subject to an immigration detainer issued
99	99	by United States Immigration and Customs Enforcement; or
100	100	(2) is charged with committing an offense under the
101	101	following provisions of the Penal Code:
102	102	(A) Section 19.02 (murder);
103	103	(B) Section 19.03 (capital murder);
104	104	(C) Section 20.04 (aggravated kidnapping);
105	105	(D) Section 22.02 (aggravated assault); or
106	106	(E) Section 22.021 (aggravated sexual assault).
107	107	(c) Each county shall designate an individual to receive
108	108	electronic notices under Subsection (a)(2). The county shall
109	109	ensure that the name and contact information of the individual
110	110	designated to receive notices under this subsection is provided on
111	111	all criminal history and warrant documents issued by the county.
112	112	(d) An individual designated under Subsection (c) who
113	113	receives an electronic notice under Subsection (a) shall promptly
114	114	provide the notice to the court specified by Subsection (a)(1) and
115	115	to the attorney representing the state in the pending case for the
116	116	offense for which the defendant was initially released on bail. A
117	117	notice provided under this subsection does not constitute an ex
118	118	parte communication.
119	119	SECTION 7. Article 17.03(b-2), Code of Criminal Procedure,
120	120	is amended to read as follows:
121	121	(b-2) Except as provided by Articles 15.21, 17.033, and
122	122	17.151, a defendant may not be released on personal bond if the
123	123	defendant:
124	124	(1) is charged with:
125	125	(A) an offense involving violence; or
126	126	(B) an offense under:
127	127	(i) Section 481.1123, Health and Safety
128	128	Code (manufacture or delivery of substance in Penalty Group 1-B);
129	129	(ii) Section 22.07, Penal Code (terroristic
130	130	threat);
131	131	(iii) Section 25.07, Penal Code (violation
132	132	of certain court orders in family violence and certain other
133	133	cases);
134	134	(iv) Section 38.112, Penal Code (violation
135	135	of bond condition); or
136	136	(v) Section 46.04(a), Penal Code (unlawful
137	137	possession of firearm); or
138	138	(2) while released on bail or community supervision
139	139	for an offense involving violence, is charged with committing:
140	140	(A) any offense punishable as a felony; or
141	141	(B) an offense under the following provisions of
142	142	the Penal Code:
143	143	(i) Section 22.01(a)(1) (assault);
144	144	(ii) Section 22.05 (deadly conduct); or
145	145	(iii) [Section 22.07 (terroristic threat);
146	146	or
147	147	[(iv)] Section 42.01(a)(7) or (8)
148	148	(disorderly conduct involving firearm).
149	149	SECTION 8. Article 17.03(b-3)(2), Code of Criminal
150	150	Procedure, is amended to read as follows:
151	151	(2) "Offense involving violence" means an offense
152	152	under the following provisions of the Penal Code:
153	153	(A) Section 19.02 (murder);
154	154	(B) Section 19.03 (capital murder);
155	155	(C) Section 20.03 (kidnapping);
156	156	(D) Section 20.04 (aggravated kidnapping);
157	157	(E) Section 20A.02 (trafficking of persons);
158	158	(F) Section 20A.03 (continuous trafficking of
159	159	persons);
160	160	(G) Section 21.02 (continuous sexual abuse of
161	161	young child or disabled individual);
162	162	(H) Section 21.11 (indecency with a child);
163	163	(I) Section 22.01(a)(1) (assault), if the
164	164	offense is:
165	165	(i) punishable as a felony of the second
166	166	degree under Subsection (b-2) of that section; or
167	167	(ii) punishable as a felony and involved
168	168	family violence as defined by Section 71.004, Family Code;
169	169	(J) Section 22.011 (sexual assault);
170	170	(K) Section 22.02 (aggravated assault);
171	171	(L) Section 22.021 (aggravated sexual assault);
172	172	(M) Section 22.04 (injury to a child, elderly
173	173	individual, or disabled individual);
174	174	(N) Section 25.072 (repeated violation of
175	175	certain court orders [or conditions of bond] in family violence and
176	176	certain other cases [, child abuse or neglect, sexual assault or
177	177	abuse, indecent assault, stalking, or trafficking case]);
178	178	(O) Section 25.11 (continuous violence against
179	179	the family);
180	180	(P) Section 29.03 (aggravated robbery);
181	181	(Q) Section 38.14 (taking or attempting to take
182	182	weapon from peace officer, federal special investigator, employee
183	183	or official of correctional facility, parole officer, community
184	184	supervision and corrections department officer, or commissioned
185	185	security officer);
186	186	(R) Section 43.04 (aggravated promotion of
187	187	prostitution), if the defendant is not alleged to have engaged in
188	188	conduct constituting an offense under Section 43.02(a);
189	189	(S) Section 43.05 (compelling prostitution); or
190	190	(T) Section 43.25 (sexual performance by a
191	191	child).
192	192	SECTION 9. Articles 17.152(b), (c), (d), and (f), Code of
193	193	Criminal Procedure, are amended to read as follows:
194	194	(b) A [Except as otherwise provided by Subsection (d), a]
195	195	person who commits an offense under Section 38.112 [25.07], Penal
196	196	Code, related to a violation of a condition of bond set in a family
197	197	violence case and whose bail in the case under Section 38.112
198	198	[25.07], Penal Code, or in the family violence case is revoked or
199	199	forfeited for a violation of a condition of bond may be taken into
200	200	custody and, pending trial or other court proceedings, denied
201	201	release on bail if following a hearing a judge or magistrate
202	202	determines by a preponderance of the evidence that the person
203	203	violated a condition of bond related to:
204	204	(1) the safety of the victim of the offense under
205	205	Section 38.112 [25.07], Penal Code, or the family violence case, as
206	206	applicable; or
207	207	(2) the safety of the community.
208	208	(c) Except as otherwise provided by Subsection (d), a person
209	209	who commits an offense under Section 25.07, Penal Code, or an
210	210	offense under Section 38.112, Penal Code, other than an offense
211	211	related to a violation of a condition of bond set in a family
212	212	violence case, may be taken into custody and, pending trial or other
213	213	court proceedings, denied release on bail if following a hearing a
214	214	judge or magistrate determines by a preponderance of the evidence
215	215	that the person committed the offense.
216	216	(d) A person who commits an offense under Section
217	217	25.07(a)(3), Penal Code, may be held without bail under Subsection
218	218	[(b) or] (c)[, as applicable,] only if following a hearing the judge
219	219	or magistrate determines by a preponderance of the evidence that
220	220	the person went to or near the place described in the order [or
221	221	condition of bond] with the intent to commit or threaten to commit:
222	222	(1) family violence; or
223	223	(2) an act in furtherance of an offense under Section
224	224	42.072, Penal Code.
225	225	(f) A person arrested for committing an offense under
226	226	Section 25.07 or 38.112, Penal Code, shall without unnecessary
227	227	delay and after reasonable notice is given to the attorney
228	228	representing the state, but not later than 48 hours after the person
229	229	is arrested, be taken before a magistrate in accordance with
230	230	Article 15.17. At that time, the magistrate shall conduct the
231	231	hearing and make the determination required by this article.
232	232	SECTION 10. Article 17.21, Code of Criminal Procedure, is
233	233	amended to read as follows:
234	234	Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when
235	235	the accused is in custody of the sheriff or other officer, and the
236	236	court before which the prosecution is pending is in session in the
237	237	county where the accused is in custody, the court shall fix the
238	238	amount of bail, if it is a bailable case and determine if the
239	239	accused is eligible for a personal bond; and the sheriff or other
240	240	peace officer, unless it be the police of a city, or a jailer
241	241	licensed under Chapter 1701, Occupations Code, is authorized to
242	242	take a bail bond of the accused in the amount as fixed by the court,
243	243	to be approved by such officer taking the same, and will thereupon
244	244	discharge the accused from custody. The defendant and the
245	245	defendant's sureties are not required to appear in court.
246	246	(b) Notwithstanding Subsection (a), a magistrate may not
247	247	release on bail a defendant charged with an offense punishable as a
248	248	felony unless:
249	249	(1) the defendant has appeared before the magistrate;
250	250	and
251	251	(2) the magistrate has considered the public safety
252	252	report prepared under Article 17.022 for the defendant.
253	253	SECTION 11. Articles 44.01(a) and (g), Code of Criminal
254	254	Procedure, are amended to read as follows:
255	255	(a) The state is entitled to appeal an order of a court in a
256	256	criminal case if the order:
257	257	(1) dismisses an indictment, information, or
258	258	complaint or any portion of an indictment, information, or
259	259	complaint;
260	260	(2) arrests or modifies a judgment;
261	261	(3) grants a new trial;
262	262	(4) sustains a claim of former jeopardy;
263	263	(5) grants a motion to suppress evidence, a
264	264	confession, or an admission, if jeopardy has not attached in the
265	265	case and if the prosecuting attorney certifies to the trial court
266	266	that the appeal is not taken for the purpose of delay and that the
267	267	evidence, confession, or admission is of substantial importance in
268	268	the case; [or]
269	269	(6) is issued under Chapter 64; or
270	270	(7) grants bail, in an amount considered insufficient
271	271	by the attorney representing the state, to a defendant who:
272	272	(A) is charged with an offense punishable as a
273	273	felony; and
274	274	(B) has previously been granted bail for an
275	275	offense punishable as a felony.
276	276	(g) If the state appeals pursuant to this article and the
277	277	defendant is on bail, the defendant [he] shall be permitted to
278	278	remain at large on the existing bail. If the defendant is in
279	279	custody, the defendant [he] is entitled to reasonable bail, as
280	280	provided by law, unless the appeal is from an order which would:
281	281	(1) terminate the prosecution, in which event the
282	282	defendant is entitled to release on personal bond; or
283	283	(2) grant bail in an amount considered insufficient by
284	284	the attorney representing the state, in which event the defendant
285	285	shall be held in custody during the pendency of the appeal.
286	286	SECTION 12. Section 25.0172(c-1), Government Code, is
287	287	amended to read as follows:
288	288	(c-1) The County Courts at Law Nos. 7 and 13 of Bexar County,
289	289	Texas, shall give preference to cases prosecuted under:
290	290	(1) Section 22.01, Penal Code, in which the victim is a
291	291	person whose relationship to or association with the defendant is
292	292	described by Chapter 71, Family Code; [and]
293	293	(2) Section 25.07 or 25.072, Penal Code; and
294	294	(3) Section 38.112, Penal Code, if the person violated
295	295	a condition of bond set in a case involving family violence, as
296	296	defined by Section 71.004, Family Code, or involving an offense
297	297	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
298	298	or 42.072, Penal Code.
299	299	SECTION 13. Section 25.0732(z), Government Code, is amended
300	300	to read as follows:
301	301	(z) The County Criminal Courts No. 1, No. 2, No. 3, and No. 4
302	302	have the criminal jurisdiction provided by this section and other
303	303	law for statutory county courts in El Paso County and appellate
304	304	jurisdiction in appeals of criminal cases from justice courts and
305	305	municipal courts in the county as provided by Article 45.042, Code
306	306	of Criminal Procedure. The County Criminal Court No. 4 shall give
307	307	preference to cases prosecuted under:
308	308	(1) Section 22.01, Penal Code, in which the victim is a
309	309	person whose relationship to or association with the defendant is
310	310	described under Chapter 71, Family Code; [and]
311	311	(2) Section 25.07, Penal Code; and
312	312	(3) Section 38.112, Penal Code, if the person violated
313	313	a condition of bond set in a case involving family violence, as
314	314	defined by Section 71.004, Family Code, or involving an offense
315	315	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
316	316	or 42.072, Penal Code.
317	317	SECTION 14. Section 25.2223(l), Government Code, is amended
318	318	to read as follows:
319	319	(l) The County Criminal Court No. 5 of Tarrant County and
320	320	the County Criminal Court No. 6 of Tarrant County shall give
321	321	preference to cases brought under:
322	322	(1) Title 5, Penal Code, involving family violence as
323	323	defined by Section 71.004, Family Code;
324	324	(2) [, and cases brought under] Sections 25.07,
325	325	25.072, and 42.072, Penal Code; and
326	326	(3) Section 38.112, Penal Code, if the person violated
327	327	a condition of bond set in a case involving family violence, as
328	328	defined by Section 71.004, Family Code, or involving an offense
329	329	under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021,
330	330	or 42.072, Penal Code.
331	331	SECTION 15. Section 54.852, Government Code, is amended by
332	332	amending Subsections (a), (b), and (c) and adding Subsections (a-1)
333	333	and (b-1) to read as follows:
334	334	(a) A board composed of three judges of the district courts
335	335	of Harris County trying criminal cases, three judges of the county
336	336	criminal courts at law, and three justices of the peace in Harris
337	337	County may appoint criminal law hearing officers[, with the consent
338	338	and approval of the commissioners court,] to perform the duties
339	339	authorized by this subchapter if:
340	340	(1) the presiding judge of the administrative judicial
341	341	region that includes Harris County approves the appointment; and
342	342	(2) the county auditor certifies that the expenses
343	343	incurred by the appointment will not exceed the applicable budget
344	344	appropriation.
345	345	(a-1) A quorum is two-thirds of the members of the board.
346	346	(b) The board shall ensure that the criminal law hearing
347	347	officers appointed under this subchapter are:
348	348	(1) representative of the race, sex, national origin,
349	349	and ethnicity of the population of Harris County; and
350	350	(2) certified in criminal law by the Texas Board of
351	351	Legal Specialization.
352	352	(b-1) The board is subject to Chapter 551, Government Code.
353	353	(c) A criminal law hearing officer serves a one-year term
354	354	and may be reappointed at the end of a term [continues to serve
355	355	until a successor is appointed].
356	356	SECTION 16. Section 72.038, Government Code, is amended by
357	357	adding Subsection (b-1) to read as follows:
358	358	(b-1) A person who releases a defendant on bail under the
359	359	authority of a standing order related to bail shall complete the
360	360	form required under this section.
361	361	SECTION 17. Section 411.074(b), Government Code, is amended
362	362	to read as follows:
363	363	(b) A person may not be granted an order of nondisclosure of
364	364	criminal history record information under this subchapter and is
365	365	not entitled to petition the court for an order of nondisclosure
366	366	under this subchapter if:
367	367	(1) the person requests the order of nondisclosure
368	368	for, or the person has been previously convicted of or placed on
369	369	deferred adjudication community supervision for:
370	370	(A) an offense requiring registration as a sex
371	371	offender under Chapter 62, Code of Criminal Procedure;
372	372	(B) an offense under Section 20.04, Penal Code,
373	373	regardless of whether the offense is a reportable conviction or
374	374	adjudication for purposes of Chapter 62, Code of Criminal
375	375	Procedure;
376	376	(C) an offense under Section 19.02, 19.03,
377	377	20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, 38.112, or 42.072,
378	378	Penal Code; or
379	379	(D) any other offense involving family violence,
380	380	as defined by Section 71.004, Family Code; or
381	381	(2) the court makes an affirmative finding that the
382	382	offense for which the order of nondisclosure is requested involved
383	383	family violence, as defined by Section 71.004, Family Code.
384	384	SECTION 18. Section 411.1711, Government Code, is amended
385	385	to read as follows:
386	386	Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A
387	387	person is not convicted, as that term is defined by Section 411.171,
388	388	if an order of deferred adjudication was entered against the person
389	389	on a date not less than 10 years preceding the date of the person's
390	390	application for a license under this subchapter unless the order of
391	391	deferred adjudication was entered against the person for:
392	392	(1) a felony offense under:
393	393	(A) Title 5, Penal Code;
394	394	(B) Chapter 29, Penal Code;
395	395	(C) Section 25.07, [or] 25.072, or 38.112, Penal
396	396	Code; or
397	397	(D) Section 30.02, Penal Code, if the offense is
398	398	punishable under Subsection (c)(2) or (d) of that section; or
399	399	(2) an offense under the laws of another state if the
400	400	offense contains elements that are substantially similar to the
401	401	elements of an offense listed in Subdivision (1).
402	402	SECTION 19. Section 164.057(a), Occupations Code, is
403	403	amended to read as follows:
404	404	(a) The board shall suspend a physician's license on proof
405	405	that the physician has been:
406	406	(1) initially convicted of:
407	407	(A) a felony;
408	408	(B) a misdemeanor under Chapter 22, Penal Code,
409	409	other than a misdemeanor punishable by fine only;
410	410	(C) a misdemeanor on conviction of which a
411	411	defendant is required to register as a sex offender under Chapter
412	412	62, Code of Criminal Procedure;
413	413	(D) a misdemeanor under Section 25.07, Penal
414	414	Code; [or]
415	415	(E) a misdemeanor under Section 25.071, Penal
416	416	Code; or
417	417	(F) a misdemeanor under Section 38.112, Penal
418	418	Code; or
419	419	(2) subject to an initial finding by the trier of fact
420	420	of guilt of a felony under:
421	421	(A) Chapter 481 or 483, Health and Safety Code;
422	422	(B) Section 485.033, Health and Safety Code; or
423	423	(C) the Comprehensive Drug Abuse Prevention and
424	424	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
425	425	SECTION 20. Section 201.5065(a), Occupations Code, is
426	426	amended to read as follows:
427	427	(a) The board shall suspend a chiropractor's license on
428	428	proof that the chiropractor has been:
429	429	(1) initially convicted of:
430	430	(A) a felony;
431	431	(B) a misdemeanor under Chapter 22, Penal Code,
432	432	other than a misdemeanor punishable by fine only;
433	433	(C) a misdemeanor on conviction of which a
434	434	defendant is required to register as a sex offender under Chapter
435	435	62, Code of Criminal Procedure;
436	436	(D) a misdemeanor under Section 25.07, Penal
437	437	Code; [or]
438	438	(E) a misdemeanor under Section 25.071, Penal
439	439	Code; or
440	440	(F) a misdemeanor under Section 38.112, Penal
441	441	Code; or
442	442	(2) subject to an initial finding by the trier of fact
443	443	of guilt of a felony under:
444	444	(A) Chapter 481 or 483, Health and Safety Code;
445	445	(B) Section 485.033, Health and Safety Code; or
446	446	(C) the Comprehensive Drug Abuse Prevention and
447	447	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
448	448	SECTION 21. Section 263.006(a), Occupations Code, is
449	449	amended to read as follows:
450	450	(a) The board shall suspend a license holder's license
451	451	issued under this subtitle on proof that the person has been:
452	452	(1) initially convicted of:
453	453	(A) a felony;
454	454	(B) a misdemeanor under Chapter 22, Penal Code,
455	455	other than a misdemeanor punishable by fine only;
456	456	(C) a misdemeanor on conviction of which a
457	457	defendant is required to register as a sex offender under Chapter
458	458	62, Code of Criminal Procedure;
459	459	(D) a misdemeanor under Section 25.07, Penal
460	460	Code; [or]
461	461	(E) a misdemeanor under Section 25.071, Penal
462	462	Code; or
463	463	(F) a misdemeanor under Section 38.112, Penal
464	464	Code; or
465	465	(2) subject to an initial finding by the trier of fact
466	466	of guilt of a felony under:
467	467	(A) Chapter 481 or 483, Health and Safety Code;
468	468	(B) Section 485.033, Health and Safety Code; or
469	469	(C) the Comprehensive Drug Abuse Prevention and
470	470	Control Act of 1970 (21 U.S.C. Section 801 et seq.).
471	471	SECTION 22. Section 301.4535(a), Occupations Code, is
472	472	amended to read as follows:
473	473	(a) The board shall suspend a nurse's license or refuse to
474	474	issue a license to an applicant on proof that the nurse or applicant
475	475	has been initially convicted of:
476	476	(1) murder under Section 19.02, Penal Code, capital
477	477	murder under Section 19.03, Penal Code, or manslaughter under
478	478	Section 19.04, Penal Code;
479	479	(2) kidnapping or unlawful restraint under Chapter 20,
480	480	Penal Code, and the offense was punished as a felony or state jail
481	481	felony;
482	482	(3) sexual assault under Section 22.011, Penal Code;
483	483	(4) aggravated sexual assault under Section 22.021,
484	484	Penal Code;
485	485	(5) continuous sexual abuse of young child or disabled
486	486	individual under Section 21.02, Penal Code, or indecency with a
487	487	child under Section 21.11, Penal Code;
488	488	(6) aggravated assault under Section 22.02, Penal
489	489	Code;
490	490	(7) intentionally, knowingly, or recklessly injuring
491	491	a child, elderly individual, or disabled individual under Section
492	492	22.04, Penal Code;
493	493	(8) intentionally, knowingly, or recklessly
494	494	abandoning or endangering a child under Section 22.041, Penal Code;
495	495	(9) aiding suicide under Section 22.08, Penal Code,
496	496	and the offense was punished as a state jail felony;
497	497	(10) an offense involving a violation of certain court
498	498	orders or conditions of bond under Section 25.07, 25.071, [or]
499	499	25.072, or 38.112, Penal Code, punished as a felony;
500	500	(11) an agreement to abduct a child from custody under
501	501	Section 25.031, Penal Code;
502	502	(12) the sale or purchase of a child under Section
503	503	25.08, Penal Code;
504	504	(13) robbery under Section 29.02, Penal Code;
505	505	(14) aggravated robbery under Section 29.03, Penal
506	506	Code;
507	507	(15) an offense for which a defendant is required to
508	508	register as a sex offender under Chapter 62, Code of Criminal
509	509	Procedure; or
510	510	(16) an offense under the law of another state,
511	511	federal law, or the Uniform Code of Military Justice that contains
512	512	elements that are substantially similar to the elements of an
513	513	offense listed in this subsection.
514	514	SECTION 23. The heading to Section 25.07, Penal Code, is
515	515	amended to read as follows:
516	516	Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS [OR
517	517	CONDITIONS OF BOND] IN [A] FAMILY VIOLENCE AND CERTAIN OTHER CASES
518	518	[, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT
519	519	ASSAULT, STALKING, OR TRAFFICKING CASE].
520	520	SECTION 24. Sections 25.07(a) and (g), Penal Code, are
521	521	amended to read as follows:
522	522	(a) A person commits an offense if, in violation of [a
523	523	condition of bond set in a family violence, sexual assault or abuse,
524	524	indecent assault, stalking, or trafficking case and related to the
525	525	safety of a victim or the safety of the community,] an order issued
526	526	under Subchapter A, Chapter 7B, Code of Criminal Procedure, an
527	527	order issued under Article 17.292, Code of Criminal Procedure, an
528	528	order issued under Section 6.504, Family Code, Chapter 83, Family
529	529	Code, if the temporary ex parte order has been served on the person,
530	530	Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code,
531	531	or an order issued by another jurisdiction as provided by Chapter
532	532	88, Family Code, the person knowingly or intentionally:
533	533	(1) commits family violence or an act in furtherance
534	534	of an offense under Section 20A.02, 22.011, 22.012, 22.021, or
535	535	42.072;
536	536	(2) communicates:
537	537	(A) directly with a protected individual or a
538	538	member of the family or household in a threatening or harassing
539	539	manner;
540	540	(B) a threat through any person to a protected
541	541	individual or a member of the family or household; or
542	542	(C) in any manner with the protected individual
543	543	or a member of the family or household except through the person's
544	544	attorney or a person appointed by the court, if the applicable
545	545	[violation is of an order described by this subsection and the]
546	546	order prohibits any communication with a protected individual or a
547	547	member of the family or household;
548	548	(3) goes to or near any of the following places as
549	549	specifically described in the order [or condition of bond]:
550	550	(A) the residence or place of employment or
551	551	business of a protected individual or a member of the family or
552	552	household; or
553	553	(B) any child care facility, residence, or school
554	554	where a child protected by the order [or condition of bond] normally
555	555	resides or attends;
556	556	(4) possesses a firearm;
557	557	(5) harms, threatens, or interferes with the care,
558	558	custody, or control of a pet, companion animal, or assistance
559	559	animal that is possessed by a person protected by the order [or
560	560	condition of bond]; or
561	561	(6) removes, attempts to remove, or otherwise tampers
562	562	with the normal functioning of a global positioning monitoring
563	563	system.
564	564	(g) An offense under this section is a Class A misdemeanor,
565	565	except the offense is:
566	566	(1) subject to Subdivision (2), a state jail felony if
567	567	it is shown at the trial of the offense that the defendant violated
568	568	an order issued under Subchapter A, Chapter 7B, Code of Criminal
569	569	Procedure, following the defendant's conviction of or placement on
570	570	deferred adjudication community supervision for an offense, if the
571	571	order was issued with respect to a victim of that offense; or
572	572	(2) a felony of the third degree if it is shown on the
573	573	trial of the offense that the defendant:
574	574	(A) has previously been convicted two or more
575	575	times of an offense under this section or two or more times of an
576	576	offense under Section 25.072, or has previously been convicted of
577	577	an offense under this section and an offense under Section 25.072;
578	578	or
579	579	(B) has violated the order [or condition of bond]
580	580	by committing an assault or the offense of stalking.
581	581	SECTION 25. The heading to Section 25.072, Penal Code, is
582	582	amended to read as follows:
583	583	Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS [OR
584	584	CONDITIONS OF BOND] IN FAMILY VIOLENCE AND CERTAIN OTHER CASES [,
585	585	CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT,
586	586	STALKING, OR TRAFFICKING CASE].
587	587	SECTION 26. Section 25.072(d), Penal Code, is amended to
588	588	read as follows:
589	589	(d) A defendant may not be charged with more than one count
590	590	under Subsection (a) if all of the specific conduct that is alleged
591	591	to have been engaged in is alleged to have been committed in
592	592	violation of a single court order [or single setting of bond].
593	593	SECTION 27. Chapter 38, Penal Code, is amended by adding
594	594	Section 38.112 to read as follows:
595	595	Sec. 38.112. VIOLATION OF BOND CONDITION. (a) A person
596	596	commits an offense if the person knowingly violates a condition of
597	597	bond.
598	598	(b) Except as provided by Subsection (c), an offense under
599	599	this section is:
600	600	(1) if the person is released on bond for a misdemeanor
601	601	offense, a Class A misdemeanor; or
602	602	(2) if the person is released on bond for a felony
603	603	offense, a felony of the same category as the offense for which the
604	604	person is released on bond.
605	605	(c) If it is shown at the trial of the offense that the
606	606	person violated the condition of bond by possessing a firearm, an
607	607	offense under this section is:
608	608	(1) a state jail felony if the person is released on
609	609	bond for a misdemeanor offense; or
610	610	(2) a felony of the second degree if the person is
611	611	released on bond for a state jail felony or a felony of the third
612	612	degree.
613	613	SECTION 28. Sections 25.07(b)(4), (5), (7), and (8), Penal
614	614	Code, are repealed.
615	615	SECTION 29. The change in law made by this Act applies only
616	616	to an offense committed on or after the effective date of this Act.
617	617	An offense committed before the effective date of this Act is
618	618	governed by the law in effect on the date the offense was committed,
619	619	and the former law is continued in effect for that purpose. For
620	620	purposes of this section, an offense was committed before the
621	621	effective date of this Act if any element of the offense occurred
622	622	before that date.
623	623	SECTION 30. This Act takes effect September 1, 2023.