Texas 2025 89th Regular

Texas Senate Bill SB1020 Introduced / Analysis

Filed 01/30/2025

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                    BILL ANALYSIS        Senate Research Center   S.B. 1020     89R5171 EAS-D   By: Huffman         Criminal Justice         4/11/2025         As Filed          AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Electronic monitoring devices are integral tools utilized to increase public safety and promote accountability upon the release of defendants on house arrest or as a condition of community supervision, parole, mandatory supervision, or release on bail.   S.B. 1020 requires more detailed record-keeping by personal bond offices, requires prompt notification of electronic monitoring device violations to the courts, and clarifies that certain electronic monitoring information is not considered judicial work product.    As proposed, S.B. 1020 amends current law relating to personal bond offices, to the notification provided to a judge regarding tampering with an electronic monitoring device while released on bond or community supervision, and to the availability of certain information regarding a person required to submit to an electronic monitoring program.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Sections 5(a) and (b), Article 17.42, Code of Criminal Procedure, as follows:   (a) Requires a personal bond pretrial release office established under Article 17.42 (Personal Bond Office) to take certain actions, including submitting a copy of the record containing information about any accused person identified by case number only who, after review by the officer, is released by a court on personal bond before sentencing in a pending case to the attorney representing the state and the accused person's attorney and, as applicable based on whether the accused person violated a condition of release on bond in the preceding month, an update to that record. Makes nonsubstantive changes.    (b) Requires the office, in preparing a record under Subsection (a), to include in the record certain statements, including a statement of whether the person has failed to comply with conditions of release on personal bond, including failing to comply by tampering with an electronic monitoring device.   SECTION 2. Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.431, as follows:   Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Requires a personal bond office established under Article 17.42, not later than 48 hours after the personal bond office becomes aware that a defendant supervised by the office has violated a condition of release on bond related to an electronic monitoring device, to notify the court before whom the case is pending of that violation.    SECTION 3. Amends Subchapter P, Chapter 42A, Code of Criminal Procedure, by adding Article 42A.7515, as follows:   Art. 42A.7515. NOTIFICATION OF SUPERVISION OFFICER REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Requires a supervision officer, not later than 48 hours after the supervision officer becomes aware that a defendant supervised by the officer has violated a condition of community supervision related to an electronic monitoring device, to notify the judge of that violation.    SECTION 4. Amends Section 21.013(a)(1), Government Code, to redefine "judicial work product."   SECTION 5. Makes application of Articles 17.431 and 42A.7515, Code of Criminal Procedure, as added by this Act, prospective.    SECTION 6. Effective date: September 1, 2025.

BILL ANALYSIS

Senate Research Center S.B. 1020
89R5171 EAS-D By: Huffman
 Criminal Justice
 4/11/2025
 As Filed



Senate Research Center

S.B. 1020

89R5171 EAS-D

By: Huffman

Criminal Justice

4/11/2025

As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Electronic monitoring devices are integral tools utilized to increase public safety and promote accountability upon the release of defendants on house arrest or as a condition of community supervision, parole, mandatory supervision, or release on bail.

S.B. 1020 requires more detailed record-keeping by personal bond offices, requires prompt notification of electronic monitoring device violations to the courts, and clarifies that certain electronic monitoring information is not considered judicial work product.

As proposed, S.B. 1020 amends current law relating to personal bond offices, to the notification provided to a judge regarding tampering with an electronic monitoring device while released on bond or community supervision, and to the availability of certain information regarding a person required to submit to an electronic monitoring program.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 5(a) and (b), Article 17.42, Code of Criminal Procedure, as follows:

(a) Requires a personal bond pretrial release office established under Article 17.42 (Personal Bond Office) to take certain actions, including submitting a copy of the record containing information about any accused person identified by case number only who, after review by the officer, is released by a court on personal bond before sentencing in a pending case to the attorney representing the state and the accused person's attorney and, as applicable based on whether the accused person violated a condition of release on bond in the preceding month, an update to that record. Makes nonsubstantive changes.

(b) Requires the office, in preparing a record under Subsection (a), to include in the record certain statements, including a statement of whether the person has failed to comply with conditions of release on personal bond, including failing to comply by tampering with an electronic monitoring device.

SECTION 2. Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.431, as follows:

Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Requires a personal bond office established under Article 17.42, not later than 48 hours after the personal bond office becomes aware that a defendant supervised by the office has violated a condition of release on bond related to an electronic monitoring device, to notify the court before whom the case is pending of that violation.

SECTION 3. Amends Subchapter P, Chapter 42A, Code of Criminal Procedure, by adding Article 42A.7515, as follows:

Art. 42A.7515. NOTIFICATION OF SUPERVISION OFFICER REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Requires a supervision officer, not later than 48 hours after the supervision officer becomes aware that a defendant supervised by the officer has violated a condition of community supervision related to an electronic monitoring device, to notify the judge of that violation.

SECTION 4. Amends Section 21.013(a)(1), Government Code, to redefine "judicial work product."

SECTION 5. Makes application of Articles 17.431 and 42A.7515, Code of Criminal Procedure, as added by this Act, prospective.

SECTION 6. Effective date: September 1, 2025.