| 1 | 1 | | 88R8595 CJD-D |
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| 2 | 2 | | By: Parker S.B. No. 1010 |
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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 requiring the denial of bail to a person accused of |
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| 8 | 8 | | committing certain trafficking or sexual offenses against a child |
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| 9 | 9 | | while released on bail for committing a similar offense. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.154 to read as follows: |
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| 13 | 13 | | Art. 17.154. DENIAL OF BAIL FOR COMMISSION OF TRAFFICKING |
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| 14 | 14 | | OR SEXUAL OFFENSE AGAINST A CHILD WHILE ON BAIL FOR COMMITTING |
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| 15 | 15 | | SIMILAR OFFENSE. (a) This article applies to a defendant charged |
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| 16 | 16 | | with an offense under any of the following provisions of the Penal |
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| 17 | 17 | | Code: |
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| 18 | 18 | | (1) Section 20.04(a)(4), if committed against a child |
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| 19 | 19 | | younger than 17 years of age and the actor committed the offense |
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| 20 | 20 | | with the intent to violate or abuse the victim sexually; |
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| 21 | 21 | | (2) Section 20A.02(a)(5), (6), (7), or (8); |
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| 22 | 22 | | (3) Section 20A.03, if based partly or wholly on |
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| 23 | 23 | | conduct that constitutes an offense described by Subdivision (2); |
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| 24 | 24 | | (4) Section 21.02, involving a victim described by |
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| 25 | 25 | | Subsection (b)(2)(A) of that section; |
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| 26 | 26 | | (5) Section 21.11(a)(1), if the actor committed the |
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| 27 | 27 | | offense in a manner other than by touching, including touching |
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| 28 | 28 | | through clothing, the breast of a child; |
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| 29 | 29 | | (6) Section 22.011(a)(2); |
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| 30 | 30 | | (7) Section 22.021, if the actor committed the offense |
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| 31 | 31 | | in a manner described by Subsection (a)(1)(B) of that section; |
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| 32 | 32 | | (8) Section 30.02, if the offense is punishable under |
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| 33 | 33 | | Subsection (d) of that section and the actor committed the offense |
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| 34 | 34 | | with the intent to commit an offense described by Subdivision (1), |
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| 35 | 35 | | (5), (6), or (7); |
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| 36 | 36 | | (9) Section 43.05(a)(2); or |
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| 37 | 37 | | (10) Section 43.25. |
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| 38 | 38 | | (b) A defendant who is accused of committing an offense |
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| 39 | 39 | | described by Subsection (a) while released on bail pending trial |
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| 40 | 40 | | for another offense described by Subsection (a), shall be denied |
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| 41 | 41 | | bail pending trial if a judge or magistrate, after a hearing, |
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| 42 | 42 | | determines by a preponderance of the evidence that the person |
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| 43 | 43 | | committed the offense while on bail. |
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| 44 | 44 | | (c) A judge or magistrate who grants bail to a defendant |
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| 45 | 45 | | charged with an offense described by Subsection (a) shall admonish |
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| 46 | 46 | | the defendant that, if the defendant commits another offense |
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| 47 | 47 | | described by Subsection (a) while on bail, the defendant shall be |
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| 48 | 48 | | denied bail pending trial if a judge or magistrate, following a |
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| 49 | 49 | | hearing, determines by a preponderance of the evidence that the |
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| 50 | 50 | | person committed the offense while on bail. |
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| 51 | 51 | | SECTION 2. The change in law made by this Act applies only |
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| 52 | 52 | | to a person who is arrested on or after the effective date of this |
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| 53 | 53 | | Act. A person arrested before the effective date of this Act is |
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| 54 | 54 | | governed by the law in effect on the date the person was arrested, |
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| 55 | 55 | | and the former law is continued in effect for that purpose. |
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| 56 | 56 | | SECTION 3. This Act takes effect December 1, 2023, but only |
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| 57 | 57 | | if the constitutional amendment proposed by the 88th Legislature, |
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| 58 | 58 | | Regular Session, 2023, authorizing the legislature to enact laws |
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| 59 | 59 | | providing for the denial of bail to a person accused of committing a |
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| 60 | 60 | | trafficking or sexual offense against a child while released on |
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| 61 | 61 | | bail for committing a similar offense is approved by the voters. If |
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| 62 | 62 | | that amendment is not approved by the voters, this Act has no |
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| 63 | 63 | | effect. |
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