By: Bowers H.B. No. 1824
A BILL TO BE ENTITLED
AN ACT
related to monitoring domestic violence offenders through advanced
tracking systems to enhance victim safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Sharon Radebaugh
Domestic Violence Protection Act
SECTION 2. FINDINGS AND PURPOSE (a) The Legislature finds
that domestic violence remains a critical issue affecting the
safety and well-being of Texas residents. One in four women and one
in seven men in the United States experience domestic violence. (b)
The purpose of this Act is to strengthen the monitoring of domestic
violence offenders, implement GPS tracking systems for high-risk
offenders, enhance victim safety, and prevent further abuse.
SECTION 3. AMENDMENT TO TEXAS CODE OF CRIMINAL PROCEDURE
(a) Chapter 17, Code of Criminal Procedure, is amended by adding
Article 17.2925 as follows:
Art. 17.2925. ELECTRONIC MONITORING OF HIGH-RISK DOMESTIC
VIOLENCE OFFENDERS (1) A court shall require any individual
released on bond for an offense involving family violence, as
defined under Section 71.004, Family Code, to be monitored by a GPS
tracking device if the court determines the defendant poses a
continuing threat to the victim. (2) High-risk offenders shall be
defined as those with a history of violent behavior, use of
firearms, prior violations of protective orders, or threats of harm
to the victim. (3) The electronic monitoring system must provide
real-time tracking and include automatic alerts to the victim, law
enforcement, and a designated monitoring center if the offender
enters a prohibited zone established by the court. (4) The offender
shall bear the cost of the electronic monitoring system unless the
court determines that the offender is indigent, in which case a
state-funded victim assistance program shall cover the cost.
SECTION 4. AMENDMENT TO TEXAS FAMILY CODE (a) Section
85.022, Family Code, is amended by adding Subsection (d):
(d) The court issuing a protective order under this section shall
require the respondent to wear a GPS tracking device for the
duration of the order if the respondent has been convicted of
domestic violence within the past five years or is deemed by the
court to pose a significant risk to the victim. The respondent shall
be prohibited from entering exclusion zones established in the
order, including the victim's home, workplace, or school.
SECTION 5. VICTIM NOTIFICATION AND PROTECTIONS (a) Victims
shall be notified through an electronic device (e.g., smartphone
app, text message, or email) when an offender breaches an exclusion
zone or violates the terms of a protection order. (b) The Department
of Public Safety (DPS) shall establish a victim assistance program
to provide immediate resources to victims notified of an offender's
violation, including emergency shelters and direct communication
with law enforcement. (c) The identity and location of the victim
shall remain confidential, and no information shall be provided to
the offender regarding the victim's whereabouts unless legally
required.
SECTION 6. ESTABLISHMENT OF THE DOMESTIC VIOLENCE
MONITORING PROGRAM (a) The DPS shall establish a Domestic Violence
Monitoring Program to: (1) Oversee compliance with electronic
monitoring requirements; (2) Ensure coordination between local law
enforcement and victim services; (3) Maintain a database of
domestic violence offenders subject to electronic monitoring; (4)
Provide annual reports to the Legislature on the effectiveness of
electronic monitoring in reducing repeat offenses.
SECTION 7. FUNDING (a) The Legislature shall appropriate
necessary funds to support the implementation of this Act,
including costs associated with GPS monitoring, law enforcement
training, and victim assistance services. (b) Fees may be assessed
to offenders to offset the cost of monitoring equipment. In cases of
financial hardship, the state shall ensure access to monitoring for
all victims in need.
SECTION 8. ENFORCEMENT AND PENALTIES (a) Any offender who
removes, tampers with, or disables a GPS tracking device shall be
subject to immediate arrest and revocation of bond or parole. (b)
Law enforcement agencies must respond immediately to GPS violation
alerts and take appropriate action to protect the victim.
SECTION 9. EFFECTIVE DATE This Act takes effect September
1, 2025.