Texas 2025 - 89th Regular

Texas Senate Bill SB1020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	89R5171 EAS-D
1	2		By: Huffman S.B. No. 1020
2		-	(In the Senate - Filed January 30, 2025; February 24, 2025,
3		-	read first time and referred to Committee on Criminal Justice;
4		-	April 16, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 0; April 16, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1020 By: Flores
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12	6
13	7		A BILL TO BE ENTITLED
14	8		AN ACT
15	9		relating to personal bond offices, to the notification provided to
16	10		a judge regarding tampering with an electronic monitoring device
17	11		while released on bond or community supervision, and to the
18	12		availability of certain information regarding a person required to
19		-	submit to an electronic monitoring program or being supervised by a
20		-	community supervision and corrections department.
	13	+	submit to an electronic monitoring program.
21	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
22	15		SECTION 1. Sections 5(a) and (b), Article 17.42, Code of
23	16		Criminal Procedure, are amended to read as follows:
24	17		(a) A personal bond pretrial release office established
25	18		under this article shall:
26	19		(1) prepare a record containing information about any
27	20		accused person identified by case number only who, after review by
28	21		the office, is released by a court on personal bond before
29	22		sentencing in a pending case;
30	23		(2) update the record on a monthly basis; [and]
31	24		(3) file a copy of the record with the district or
32	25		county clerk, as applicable based on court jurisdiction over the
33	26		categories of offenses addressed in the records, in any county
34	27		served by the office; and
35	28		(4) submit a copy of the record to the attorney
36	29		representing the state and the accused person's attorney and, as
37	30		applicable based on whether the accused person violated a condition
38	31		of release on bond in the preceding month, an update to that record.
39	32		(b) In preparing a record under Subsection (a), the office
40	33		shall include in the record a statement of:
41	34		(1) the offense with which the person is charged;
42	35		(2) the dates of any court appearances scheduled in
43	36		the matter that were previously unattended by the person;
44	37		(3) whether a warrant has been issued for the person's
45	38		arrest for failure to appear in accordance with the terms of the
46	39		person's release;
47	40		(4) whether the person has failed to comply with
48	41		conditions of release on personal bond, including failing to comply
49	42		by tampering with an electronic monitoring device; and
50	43		(5) the presiding judge or magistrate who authorized
51	44		the personal bond.
52	45		SECTION 2. Chapter 17, Code of Criminal Procedure, is
53	46		amended by adding Article 17.431 to read as follows:
54	47		Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING
55		-	ELECTRONIC MONITORING DEVICE VIOLATION. Immediately after a
56		-	personal bond office established under Article 17.42 determines
57		-	there is reasonable cause to believe that a defendant supervised by
58		-	the office has violated a condition of release on bond related to an
59		-	electronic monitoring device, including a global positioning
60		-	monitoring system as defined by Article 17.49, the personal bond
61		-	office shall notify the court or magistrate having jurisdiction
62		-	over the case.
63		-	SECTION 3. Chapter 17, Code of Criminal Procedure, is
64		-	amended by adding Article 17.442 to read as follows:
65		-	Art. 17.442. NOTIFICATION BY AGENCY SUPERVISING DEFENDANT
66		-	REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Immediately
67		-	after the agency designated by the magistrate to supervise a
68		-	defendant's release on bond, other than a personal bond, determines
69		-	there is reasonable cause to believe that the defendant has
	48	+	ELECTRONIC MONITORING DEVICE VIOLATION. Not later than 48 hours
	49	+	after a personal bond office established under Article 17.42
	50	+	becomes aware that a defendant supervised by the office has
70	51		violated a condition of release on bond related to an electronic
71		-	monitoring device, including a global positioning monitoring
72		-	system as defined by Article 17.49, the agency shall notify the
73		-	court or magistrate having jurisdiction over the case.
74		-	SECTION 4. Subchapter P, Chapter 42A, Code of Criminal
	52	+	monitoring device, the personal bond office shall notify the court
	53	+	before whom the case is pending of that violation.
	54	+	SECTION 3. Subchapter P, Chapter 42A, Code of Criminal
75	55		Procedure, is amended by adding Article 42A.7515 to read as
76	56		follows:
77	57		Art. 42A.7515. NOTIFICATION BY SUPERVISION OFFICER
78		-	REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Immediately
79		-	after a supervision officer determines there is reasonable cause to
80		-	believe that a defendant supervised by the officer has violated a
81		-	condition of community supervision related to an electronic
82		-	monitoring device, including a global positioning monitoring
83		-	system as defined by Article 17.49, the supervision officer shall
84		-	notify the judge of that violation.
85		-	SECTION 5. Section 21.013(a)(1), Government Code, is
	58	+	REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Not later than
	59	+	48 hours after a supervision officer becomes aware that a defendant
	60	+	supervised by the officer has violated a condition of community
	61	+	supervision related to an electronic monitoring device, the
	62	+	supervision officer shall notify the judge of that violation.
	63	+	SECTION 4. Section 21.013(a)(1), Government Code, is
86	64		amended to read as follows:
87	65		(1) "Judicial work product" means written,
88	66		electronic, or oral material prepared or communications made in the
89	67		course of an adjudicatory proceeding before a court determining
90	68		legal rights, powers, duties, or privileges. The term includes all
91	69		drafts of opinions or orders and memoranda of law. The term does
92	70		not include information related to a person who is required to
93	71		submit to electronic monitoring of a person's location as part of an
94	72		electronic monitoring program under Article 42.035, Code of
95	73		Criminal Procedure, or as a condition of community supervision,
96	74		parole, mandatory supervision, or release on bail.
97		-	SECTION 6. Section 76.019, Government Code, is amended by
98		-	adding Subsection (c) to read as follows:
99		-	(c) A department may release data or information, including
100		-	electronic monitoring data, reporting dates, contact information,
101		-	family and collateral contacts, and addresses, related to the
102		-	location of a person who is supervised by the department to law
103		-	enforcement or the office of the attorney representing the state
104		-	for the purpose of locating the person or serving a warrant.
105		-	SECTION 7. Articles 17.431, 17.442, and 42A.7515, Code of
106		-	Criminal Procedure, as added by this Act, apply only to a violation
107		-	of a condition of release on bond or a violation of a condition of
	75	+	SECTION 5. Articles 17.431 and 42A.7515, Code of Criminal
	76	+	Procedure, as added by this Act, apply only to a violation of a
	77	+	condition of release on bond or a violation of a condition of
108	78		community supervision, as applicable, that occurs on or after the
109	79		effective date of this Act. A violation that occurs before the
110	80		effective date of this Act is governed by the law in effect on the
111	81		date the violation occurred, and the former law is continued in
112	82		effect for that purpose.
113		-	SECTION 8. This Act takes effect September 1, 2025.
114		-	* * * * *
	83	+	SECTION 6. This Act takes effect September 1, 2025.