TX
Texas House Bill HB36

Texas 2025 - 89th Regular

Texas House Bill HB36 Compare Versions

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1-89R20707 JSC-F
2- By: Bowers, Allen, Rose, Hull, Talarico, H.B. No. 36
3- et al.
4- Substitute the following for H.B. No. 36:
5- By: Bowers C.S.H.B. No. 36
1+89R10133 JSC-F
2+ By: Bowers H.B. No. 36
3+
4+
65
76
87 A BILL TO BE ENTITLED
98 AN ACT
109 relating to the monitoring of certain family violence offenders,
1110 the provision of resources for family violence victims, and the
1211 collection of information about conditions of bond imposed in
1312 family violence cases and certain other criminal cases.
1413 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1514 SECTION 1. This Act shall be known as the Sharon Radebaugh
1615 Family Violence Protection Act.
1716 SECTION 2. (a) The legislature finds that:
1817 (1) family violence remains a critical issue affecting
1918 the safety and well-being of Texas residents; and
2019 (2) one in four women and one in seven men in this
2120 country will experience family violence.
2221 (b) The purpose of this Act is to:
2322 (1) strengthen monitoring of family violence
2423 offenders;
2524 (2) implement monitoring through a global positioning
2625 monitoring system for high-risk offenders;
2726 (3) enhance victim safety; and
2827 (4) prevent further acts of family violence.
2928 SECTION 3. Article 17.292(c-1), Code of Criminal Procedure,
3029 is amended to read as follows:
3130 (c-1) In addition to the conditions described by Subsection
3231 (c), the magistrate in the order for emergency protection may
3332 impose a condition described by Article 17.49(b) in the manner
3433 provided by that article, including ordering a defendant's
3534 participation in a global positioning monitoring system or allowing
3635 participation in the system by an alleged victim or other person
3736 protected under the order. If applicable, the magistrate shall
3837 impose the condition described by Article 17.49(b-1).
3938 SECTION 4. Article 17.49(a)(2), Code of Criminal Procedure,
4039 is amended to read as follows:
4140 (2) "Global positioning monitoring system" means a
4241 system that electronically determines and reports the location of
4342 an individual through the use of a transmitter or similar device
4443 [carried or] worn by the individual that transmits latitude and
4544 longitude data to a monitoring entity through global positioning
4645 satellite technology. The term does not include a system that
4746 contains or operates global positioning system technology, radio
4847 frequency identification technology, or any other similar
4948 technology that is implanted in or otherwise invades or violates
5049 the individual's body.
5150 SECTION 5. Article 17.49, Code of Criminal Procedure, is
5251 amended by amending Subsections (b), (d), (f), (h), (j), and (k) and
5352 adding Subsections (b-1), (m), and (n) to read as follows:
5453 (b) Except as provided by Subsection (b-1), a [A] magistrate
5554 may require as a condition of release on bond that a defendant
5655 charged with an offense involving family violence:
5756 (1) refrain from going to or near a residence, school,
5857 place of employment, or other location, as specifically described
5958 in the bond, frequented by an alleged victim of the offense;
6059 (2) [carry or] wear a global positioning monitoring
6160 system device and, except as provided by Subsection (h), pay a
6261 reimbursement fee for the costs associated with operating that
6362 system in relation to the defendant;
6463 (3) except as provided by Subsection (h), if the
6564 alleged victim of the offense consents after receiving the
6665 information described by Subsection (d), pay a reimbursement fee
6766 for the costs associated with providing the victim with an
6867 electronic receptor device or with notification software installed
6968 on the victim's personal electronic device that:
7069 (A) is capable of receiving the global
7170 positioning monitoring system information from the device [carried
7271 or] worn by the defendant; and
7372 (B) contemporaneously notifies the victim if the
7473 defendant is at or near a location that the defendant has been
7574 ordered to refrain from going to or near under Subdivision (1); or
7675 (4) refrain from tracking or monitoring personal
7776 property or a motor vehicle in the possession of the alleged victim
7877 of the offense, without the victim's effective consent, including
7978 by:
8079 (A) using a tracking application on a personal
8180 electronic device in the possession of the victim or using a
8281 tracking device; or
8382 (B) physically following the victim or causing
8483 another to physically follow the victim.
8584 (b-1) A magistrate shall require as a condition of release
8685 on bond that a defendant wear a global positioning monitoring
87- system device as provided by Subsection (b)(2) if the defendant
88- poses a continuing threat to the victim. A defendant is considered
89- to pose a continuing threat to the victim if the defendant:
90- (1) has a history of:
91- (A) conduct violating a provision of Title 5,
92- Penal Code;
93- (B) violating a previous protective order issued
94- to protect any person; or
95- (C) making threats to or against the victim; or
96- (2) has been convicted of an offense involving the use
97- or threatened use of a firearm.
86+ system device and, except as provided by Subsection (h), pay a
87+ reimbursement fee for the costs associated with operating that
88+ system in relation to the defendant if the defendant poses a
89+ continuing threat to the victim. A defendant is considered to pose
90+ a continuing threat to the victim if the defendant has a history of:
91+ (1) conduct violating a provision of Title 5, Penal
92+ Code;
93+ (2) the use of firearms outside a professional,
94+ sporting, recreational, or hunting context;
95+ (3) violating a previous protective order issued to
96+ protect any person; or
97+ (4) making threats to or against the victim.
9898 (d) Before imposing a condition described by Subsection
9999 (b)(3), a magistrate must provide to an alleged victim information
100100 regarding:
101101 (1) the victim's right to participate in a global
102102 positioning monitoring system or to refuse to participate in that
103103 system and the procedure for requesting that the magistrate
104104 terminate the victim's participation;
105105 (2) the manner in which the global positioning
106106 monitoring system technology functions and the risks and
107107 limitations of that technology, and the extent to which the system
108108 will contemporaneously track and record the victim's location and
109109 movements;
110110 (3) any locations that the defendant is ordered to
111111 refrain from going to or near and the minimum distances, if any,
112112 that the defendant must maintain from those locations;
113113 (4) any sanctions that the court may impose on the
114114 defendant for violating a condition of bond imposed under this
115115 article and any criminal penalties for the violation;
116116 (5) the procedure that the victim is to follow, and
117117 support services available to assist the victim, if the defendant
118118 violates a condition of bond or if the global positioning
119119 monitoring system equipment or the victim's electronic receptor
120120 device or notification software fails;
121121 (6) community services available to assist the victim
122122 in obtaining shelter, counseling, education, child care, legal
123123 representation, and other assistance available to address the
124124 consequences of family violence; and
125125 (7) the fact that the victim's communications with the
126126 court concerning the global positioning monitoring system and any
127127 restrictions to be imposed on the defendant's movements are not
128128 confidential.
129129 (f) In determining whether to order a defendant's
130130 participation in a global positioning monitoring system under
131131 Subsection (b) [this article], the magistrate shall consider the
132132 likelihood that the defendant's participation will deter the
133133 defendant from seeking to kill, physically injure, stalk, or
134134 otherwise threaten the alleged victim before trial.
135135 (h) If the magistrate determines that a defendant is
136136 indigent, the magistrate may, based on a sliding scale established
137137 by local rule, require the defendant to pay a reimbursement fee
138- under Subsection (b)(2) or (3) in an amount that is less than the
139- full amount of the costs associated with:
138+ under Subsection (b)(2) or (3) or (b-1) in an amount that is less
139+ than the full amount of the costs associated with:
140140 (1) operating the global positioning monitoring
141141 system in relation to the defendant; or
142142 (2) providing the victim with an electronic receptor
143143 device or with notification software installed on the victim's
144144 personal electronic device, as applicable.
145145 (j) A magistrate who [that] imposes a condition requiring
146146 the wearing of a global positioning monitoring system device
147147 [described by Subsection (b)(1) or (2)] shall order the entity that
148148 operates the global positioning monitoring system to notify the
149149 court, the Department of Public Safety, the victim, and the
150150 appropriate local law enforcement agency if a defendant violates a
151151 condition of bond imposed under this article. The entity must be
152152 capable of providing an immediate, automatic electronic
153153 notification, by text message or otherwise, on the defendant's
154154 violation of a condition of bond. If the defendant violates the
155155 condition of bond by entering a prohibited location, the
156156 notification must state with specificity the location of the
157157 defendant.
158158 (k) A magistrate who [that] imposes a condition described by
159159 Subsection (b) or (b-1) may only allow or require the defendant to
160160 execute or be released under a type of bond that is authorized by
161161 this chapter.
162162 (m) As soon as possible but not later than the next business
163163 day after the date the magistrate issues an order imposing a
164164 condition of bond involving a global positioning monitoring system,
165165 the magistrate shall send a copy of the order to:
166166 (1) the appropriate attorney representing the state
167167 and either:
168168 (A) the chief of police in the municipality where
169169 the victim of the offense resides, if the victim resides in a
170170 municipality; or
171171 (B) the sheriff of the county where the victim
172172 resides, if the victim does not reside in a municipality; and
173173 (2) the victim at the victim's last known address.
174174 (n) On receipt of the order under Subsection (m), the local
175175 law enforcement agency shall immediately, but not later than the
176176 third business day after the date the order is received, enter the
177177 information required by Section 411.042(b)(7), Government Code,
178178 into the statewide law enforcement information system maintained by
179179 the Department of Public Safety.
180180 SECTION 6. Section 85.022, Family Code, is amended by
181181 adding Subsections (b-1), (f), (g), (h), (i), and (j) and amending
182182 Subsection (e) to read as follows:
183183 (b-1) For purposes of Subsection (b)(6), "firearm" has the
184184 meaning assigned by Section 46.01, Penal Code.
185185 (e) The court shall require as a condition of the protective
186186 order that the respondent wear a device to allow monitoring by a
187187 global positioning monitoring system, as defined by Article 17.49,
188188 Code of Criminal Procedure, and, except as provided by Subsection
189189 (h), pay a reimbursement fee for the costs associated with
190190 operating that system in relation to the respondent if the
191191 respondent poses a continuing threat to a person protected by the
192192 order. A respondent is considered to pose a continuing threat to a
193193 person protected by the order if:
194194 (1) the respondent has a history of:
195195 (A) conduct violating a provision of Title 5,
196196 Penal Code;
197- (B) violating a previous protective order issued
197+ (B) the use of firearms outside a professional,
198+ sporting, recreational, or hunting context;
199+ (C) violating a previous protective order issued
198200 to protect any person; or
199- (C) making threats to or against a person
200- protected by the order;
201- (2) the respondent has been convicted of an offense
202- involving the use or threatened use of a firearm; or
203- (3) in the five-year period preceding the date of the
201+ (D) making threats to or against a person
202+ protected by the order; or
203+ (2) in the five-year period preceding the date of the
204204 order, the respondent was convicted of an offense for which an
205205 affirmative finding was made under Article 42.013, Code of Criminal
206206 Procedure [In this section, "firearm" has the meaning assigned by
207207 Section 46.01, Penal Code].
208208 (f) Except as provided by Subsection (h), and if the person
209209 protected by the order consents after receiving the information
210210 described by Subsection (g), the court may order the respondent to
211211 pay a reimbursement fee for the costs associated with providing the
212212 person protected by the order with an electronic receptor device or
213213 with notification software installed on the person's personal
214214 electronic device that:
215215 (1) is capable of receiving the global positioning
216216 monitoring system information from the device worn by the
217217 respondent; and
218218 (2) contemporaneously notifies the person if the
219219 respondent is at or near a location that the respondent has been
220220 ordered to refrain from going to or near under Subsection (b)(3) or
221221 (4).
222222 (g) Before imposing a condition described by Subsection
223223 (f), the court must provide to the person protected by the order
224224 information regarding:
225225 (1) the person's right to participate in a global
226226 positioning monitoring system or to refuse to participate in that
227227 system and the procedure for requesting that the court terminate
228228 the person's participation;
229229 (2) the manner in which the global positioning
230230 monitoring system technology functions, and the risks and
231231 limitations of that technology, and the extent to which the system
232- will contemporaneously track and record the person's location and
233- movements;
232+ will track and record the person's location and movements;
234233 (3) any locations that the respondent is ordered to
235234 refrain from going to or near and the minimum distances, if any,
236235 that the respondent must maintain from those locations;
237236 (4) any sanctions that the court may impose on the
238237 respondent for violating a protective order issued under this
239238 section and any criminal penalties for the violation;
240239 (5) the procedure that the person protected by the
241240 order is to follow, and support services available to assist the
242241 person, if the respondent violates a condition of bond or if the
243242 global positioning monitoring system equipment or the person's
244243 electronic receptor device or notification software fails;
245244 (6) community services available to assist the person
246245 in obtaining shelter, counseling, education, child care, legal
247246 representation, and other assistance available to address the
248247 consequences of family violence; and
249248 (7) the fact that the person's communications with the
250249 court concerning the global positioning monitoring system and any
251250 restrictions to be imposed on the respondent's movements are not
252251 confidential.
253252 (h) If the court finds that the respondent is indigent, the
254253 court may, based on a sliding scale established by local rule,
255254 require the respondent to pay a reimbursement fee in an amount that
256255 is less than the full amount of the costs associated with:
257256 (1) operating the global positioning monitoring
258257 system in relation to the respondent; or
259258 (2) providing the person protected by the order with
260259 an electronic receptor device or with notification software
261260 installed on the person's personal electronic device, as
262261 applicable.
263262 (i) If an indigent respondent pays to an entity that
264263 operates a global positioning monitoring system the partial amount
265264 ordered by the court under Subsection (h), the entity shall accept
266265 the partial amount as payment in full. The county in which the
267266 court that enters an order under Subsection (h) is located is not
268267 responsible for payment of any costs associated with operating the
269268 global positioning monitoring system in relation to an indigent
270269 respondent.
271270 (j) A court that imposes a condition requiring the wearing
272271 of a global positioning monitoring system device shall order the
273272 entity that operates the global positioning monitoring system to
274273 notify the court, the Department of Public Safety, the victim, and
275274 the appropriate local law enforcement agency if a respondent
276275 violates a condition of a protective order issued under this
277276 section. The entity must be capable of providing an immediate,
278277 automatic electronic notification, by text message or otherwise, on
279278 the respondent's violation of a condition of the protective order.
280279 If the respondent violates the protective order by entering a
281280 prohibited location, the notification must state with specificity
282281 the location of the respondent.
283282 SECTION 7. Subtitle C, Title 4, Family Code, is amended by
284283 adding Chapter 94 to read as follows:
285284 CHAPTER 94. VICTIM SERVICES
286285 Sec. 94.001. DEFINITIONS. In this chapter:
287286 (1) "Department" means the Department of Public
288287 Safety.
289288 (2) "Family violence" has the meaning assigned by
290289 Section 71.004.
291290 (3) "Family violence center" has the meaning assigned
292291 by Section 51.002, Human Resources Code.
293292 (4) "Victim of family violence" has the meaning
294293 assigned by Section 51.002, Human Resources Code.
295294 Sec. 94.002. VICTIM ASSISTANCE PROGRAM. (a) The
296295 department, in consultation or in conjunction with other
297296 appropriate state agencies, shall administer a victim assistance
298297 program to:
299298 (1) provide resources to victims of family violence to
300299 assist in accessing necessary services; and
301300 (2) facilitate direct communications among victims of
302301 family violence, victim service providers, family violence
303302 centers, and law enforcement.
304303 (b) The department shall create and administer a searchable
305304 database of assistance programs for victims of family violence that
306305 may be used to connect victims with necessary services.
307306 SECTION 8. Section 411.042, Government Code, is amended by
308307 amending Subsection (b) and adding Subsection (k) to read as
309308 follows:
310309 (b) The bureau of identification and records shall:
311310 (1) procure and file for record photographs, pictures,
312311 descriptions, fingerprints, measurements, and other pertinent
313312 information of all persons arrested for or charged with a criminal
314313 offense or convicted of a criminal offense, regardless of whether
315314 the conviction is probated;
316315 (2) collect information concerning the number and
317316 nature of offenses reported or known to have been committed in the
318317 state and the legal steps taken in connection with the offenses, and
319318 other information useful in the study of crime and the
320319 administration of justice, including information that enables the
321320 bureau to create a statistical breakdown of:
322321 (A) offenses in which family violence was
323322 involved;
324323 (B) offenses under Sections 22.011 and 22.021,
325324 Penal Code; and
326325 (C) offenses under Sections 20A.02, 43.02,
327326 43.021, 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;
328327 (3) make ballistic tests of bullets and firearms and
329328 chemical analyses of bloodstains, cloth, materials, and other
330329 substances for law enforcement officers of the state;
331330 (4) cooperate with identification and crime records
332331 bureaus in other states and the United States Department of
333332 Justice;
334333 (5) maintain a list of all previous background checks
335334 for applicants for any position regulated under Chapter 1702,
336335 Occupations Code, who have undergone a criminal history background
337336 check as required by that chapter, if the check indicates a Class B
338337 misdemeanor or equivalent offense or a greater offense;
339338 (6) collect information concerning the number and
340339 nature of protective orders and magistrate's orders for [of]
341340 emergency protection and all other pertinent information about all
342341 persons subject to active orders, including, for each [pertinent
343342 information about persons subject to conditions of bond imposed for
344343 the protection of the victim in any family violence, sexual assault
345344 or abuse, indecent assault, stalking, or trafficking case.
346345 Information in the law enforcement information system relating to
347346 an] active order [shall include]:
348347 (A) the name, sex, race, date of birth, personal
349348 descriptors, address, and county of residence of the person to whom
350349 the order is directed;
351350 (B) any known identifying number of the person to
352351 whom the order is directed, including the person's social security
353352 number or driver's license number;
354353 (C) the name and county of residence of the
355354 person protected by the order;
356355 (D) the residence address and place of employment
357356 or business of the person protected by the order;
358357 (E) the child-care facility or school where a
359358 child protected by the order normally resides or which the child
360359 normally attends;
361360 (F) the relationship or former relationship
362361 between the person who is protected by the order and the person to
363362 whom the order is directed;
364363 (G) the conditions of bond imposed on the person
365364 to whom the order is directed, if any, for the protection of a
366365 victim in any family violence, sexual assault or abuse, indecent
367366 assault, stalking, or trafficking case;
368367 (H) any minimum distance the person subject to
369368 the order is required to maintain from the protected places or
370369 persons;
371370 (I) whether a global positioning monitoring
372371 system device is required for the person to whom the order is
373372 directed and, if applicable, the method by which the person
374373 protected by the order receives contemporaneous notifications of
375374 any violations; and
376375 (J) [(I)] the date the order expires;
377376 (7) collect information about defendants subject to
378377 active conditions of bond imposed for the protection of the victim
379378 in any family violence, sexual assault or abuse, indecent assault,
380379 stalking, or trafficking case, including, for each defendant:
381380 (A) the name, sex, race, date of birth, personal
382381 descriptors, address, and county of residence of the defendant;
383382 (B) any known identifying number of the
384383 defendant, including the defendant's social security number or
385384 driver's license number;
386385 (C) the name and county of residence of the
387386 victim of the offense;
388387 (D) any locations that the defendant must refrain
389388 from going to or near under the conditions of bond;
390389 (E) whether a global positioning monitoring
391390 system device is required for the defendant and, if applicable, the
392391 method by which the victim receives contemporaneous notifications
393392 of any violations; and
394393 (F) any other conditions of bond imposed;
395394 (8) grant access to criminal history record
396395 information in the manner authorized under Subchapter F;
397396 (9) [(8)] collect and disseminate information
398397 regarding offenders with mental impairments in compliance with
399398 Chapter 614, Health and Safety Code; and
400399 (10) [(9)] record data and maintain a state database
401400 for a computerized criminal history record system and computerized
402401 juvenile justice information system that serves:
403402 (A) as the record creation point for criminal
404403 history record information and juvenile justice information
405404 maintained by the state; and
406405 (B) as the control terminal for the entry of
407406 records, in accordance with federal law and regulations, federal
408407 executive orders, and federal policy, into the federal database
409408 maintained by the Federal Bureau of Investigation.
410409 (k) Based on data collected under Subsections (b)(6) and
411410 (7), the department shall submit an annual report to the
412411 legislature on the effectiveness of using a global positioning
413412 monitoring system to reduce repeat offenses.
414413 SECTION 9. Section 411.0845(i), Government Code, is amended
415414 to read as follows:
416415 (i) The release under this section of any criminal history
417416 record information maintained by the Federal Bureau of
418417 Investigation, including the computerized information submitted to
419418 the federal database maintained by the Federal Bureau of
420419 Investigation as described by Section 411.042(b)(10)(B)
421420 [411.042(b)(9)(B)], is subject to federal law and regulations,
422421 federal executive orders, and federal policy.
423422 SECTION 10. Section 772.0077(b), Government Code, is
424423 amended to read as follows:
425424 (b) The criminal justice division shall establish and
426425 administer a grant program to reimburse counties for all or part of
427426 the costs incurred by counties as a result of monitoring in cases
428427 involving family violence defendants and victims who participate in
429428 a global positioning monitoring system under Article 17.292 or
430429 17.49, Code of Criminal Procedure, or persons who participate in a
431430 global positioning monitoring system as a condition of a protective
432431 order issued under Title 4, Family Code. A grant recipient may use
433432 funds from a grant awarded under the program only for monitoring
434433 conducted for the purpose of restoring a measure of security and
435434 safety for a victim of family violence.
436435 SECTION 11. Section 38.112(a), Penal Code, is amended to
437436 read as follows:
438437 (a) A person who is required to submit to electronic
439438 monitoring of the person's location as a condition of a magistrate's
440439 order for emergency protection under Article 17.292, Code of
441440 Criminal Procedure, or a protective order under Section 85.022,
442441 Family Code, as part of an electronic monitoring program under
443442 Article 42.035, Code of Criminal Procedure, or as a condition of
444443 community supervision, parole, mandatory supervision, or release
445444 on bail commits an offense if the person knowingly removes or
446445 disables, or causes or conspires or cooperates with another person
447446 to remove or disable, a tracking device that the person is required
448447 to wear to enable the electronic monitoring of the person's
449448 location.
450449 SECTION 12. The changes in law made by this Act to Articles
451450 17.292 and 17.49, Code of Criminal Procedure, apply only to a person
452451 who is arrested on or after the effective date of this Act. A person
453452 arrested before the effective date of this Act is governed by the
454453 law in effect on the date the person was arrested, and the former
455454 law is continued in effect for that purpose.
456455 SECTION 13. The changes in law made by this Act to Section
457456 85.022, Family Code, and Section 772.0077(b), Government Code,
458457 apply only to costs incurred by counties as a result of monitoring
459458 that occurs on or after the effective date of this Act. Costs
460459 incurred by counties as a result of monitoring that occurs before
461460 the effective date of this Act are governed by the law in effect on
462461 the date the costs were incurred, and the former law is continued in
463462 effect for that purpose.
464463 SECTION 14. The Department of Public Safety of the State of
465464 Texas is not required to submit the initial report described by
466465 Section 411.042(k), Government Code, as added by this Act, before
467466 December 1, 2026.
468467 SECTION 15. The change in law made by this Act to Section
469468 38.112, Penal Code, applies only to an offense committed on or after
470469 the effective date of this Act. An offense committed before the
471470 effective date of this Act is governed by the law in effect on the
472471 date the offense was committed, and the former law is continued in
473472 effect for that purpose. For purposes of this section, an offense
474473 was committed before the effective date of this Act if any element
475474 of the offense occurred before that date.
476475 SECTION 16. This Act takes effect September 1, 2025.