By: Huffman S.B. No. 1020
(In the Senate - Filed January 30, 2025; February 24, 2025,
read first time and referred to Committee on Criminal Justice;
April 16, 2025, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1020 By: Flores
A BILL TO BE ENTITLED
AN ACT
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 or being supervised by a
community supervision and corrections department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 5(a) and (b), Article 17.42, Code of
Criminal Procedure, are amended to read as follows:
(a) A personal bond pretrial release office established
under this article shall:
(1) prepare a record containing information about any
accused person identified by case number only who, after review by
the office, is released by a court on personal bond before
sentencing in a pending case;
(2) update the record on a monthly basis; [and]
(3) file a copy of the record with the district or
county clerk, as applicable based on court jurisdiction over the
categories of offenses addressed in the records, in any county
served by the office; and
(4) submit a copy of the record 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.
(b) In preparing a record under Subsection (a), the office
shall include in the record a statement of:
(1) the offense with which the person is charged;
(2) the dates of any court appearances scheduled in
the matter that were previously unattended by the person;
(3) whether a warrant has been issued for the person's
arrest for failure to appear in accordance with the terms of the
person's release;
(4) 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; and
(5) the presiding judge or magistrate who authorized
the personal bond.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.431 to read as follows:
Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING
ELECTRONIC MONITORING DEVICE VIOLATION. Immediately after a
personal bond office established under Article 17.42 determines
there is reasonable cause to believe that a defendant supervised by
the office has violated a condition of release on bond related to an
electronic monitoring device, including a global positioning
monitoring system as defined by Article 17.49, the personal bond
office shall notify the court or magistrate having jurisdiction
over the case.
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.442 to read as follows:
Art. 17.442. NOTIFICATION BY AGENCY SUPERVISING DEFENDANT
REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Immediately
after the agency designated by the magistrate to supervise a
defendant's release on bond, other than a personal bond, determines
there is reasonable cause to believe that the defendant has
violated a condition of release on bond related to an electronic
monitoring device, including a global positioning monitoring
system as defined by Article 17.49, the agency shall notify the
court or magistrate having jurisdiction over the case.
SECTION 4. Subchapter P, Chapter 42A, Code of Criminal
Procedure, is amended by adding Article 42A.7515 to read as
follows:
Art. 42A.7515. NOTIFICATION BY SUPERVISION OFFICER
REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Immediately
after a supervision officer determines there is reasonable cause to
believe that a defendant supervised by the officer has violated a
condition of community supervision related to an electronic
monitoring device, including a global positioning monitoring
system as defined by Article 17.49, the supervision officer shall
notify the judge of that violation.
SECTION 5. Section 21.013(a)(1), Government Code, is
amended to read as follows:
(1) "Judicial work product" means written,
electronic, or oral material prepared or communications made in the
course of an adjudicatory proceeding before a court determining
legal rights, powers, duties, or privileges. The term includes all
drafts of opinions or orders and memoranda of law. The term does
not include information related to a person who is required to
submit to electronic monitoring of a person's location as part of an
electronic monitoring program under Article 42.035, Code of
Criminal Procedure, or as a condition of community supervision,
parole, mandatory supervision, or release on bail.
SECTION 6. Section 76.019, Government Code, is amended by
adding Subsection (c) to read as follows:
(c) A department may release data or information, including
electronic monitoring data, reporting dates, contact information,
family and collateral contacts, and addresses, related to the
location of a person who is supervised by the department to law
enforcement or the office of the attorney representing the state
for the purpose of locating the person or serving a warrant.
SECTION 7. Articles 17.431, 17.442, and 42A.7515, Code of
Criminal Procedure, as added by this Act, apply only to a violation
of a condition of release on bond or a violation of a condition of
community supervision, as applicable, that occurs on or after the
effective date of this Act. A violation that occurs before the
effective date of this Act is governed by the law in effect on the
date the violation occurred, and the former law is continued in
effect for that purpose.
SECTION 8. This Act takes effect September 1, 2025.
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