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AN ACT
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relating to the requisites of a bail bond given by certain |
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defendants and to conditions of release on bond for certain |
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defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.081 to read as follows: |
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Art. 17.081. ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY |
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CERTAIN DEFENDANTS. In addition to the requirements of Article |
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17.08, a bail bond for a defendant charged with an offense under |
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Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or |
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43.05, Penal Code, must include the address, identification number, |
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and state of issuance as shown on a valid driver's license or |
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identification card for the defendant and any surety, including any |
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agent executing the bail bond on behalf of a corporation acting as |
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surety. |
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SECTION 2. Article 17.41(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) This article applies to a defendant charged with an |
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offense under any of the following provisions of the Penal Code, if |
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committed against a child younger than 18 [14] years of age: |
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(1) Chapter 20A (Trafficking of Persons), 21 (Sexual |
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Offenses), [or] 22 (Assaultive Offenses), or 43 (Public Indecency); |
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or |
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(2) Section 25.02 (Prohibited Sexual Conduct) [; or |
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[(3) Section 43.25 (Sexual Performance by a Child)]. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.465 to read as follows: |
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Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN |
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TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT |
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VICTIMS. (a) This article does not apply with respect to a |
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defendant to whom Article 17.41 applies. |
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(b) A magistrate shall require as a condition of release on |
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bond that a defendant charged with an offense under Section 20A.02, |
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20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code, |
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committed against a person 18 years of age or older may not: |
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(1) communicate directly or indirectly with the |
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victim; or |
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(2) go to or near: |
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(A) the residence, place of employment, or |
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business of the victim; or |
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(B) if applicable, a school, day-care facility, |
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or similar facility where a dependent child of the victim is in |
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attendance. |
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(c) The magistrate shall specifically describe the |
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prohibited locations under Subsection (b)(2) and the minimum |
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distances, if any, that the defendant must maintain from the |
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locations. |
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(d) At a hearing limited to determining whether the |
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defendant violated a condition of bond imposed under Subsection |
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(b), the magistrate may revoke the defendant's bond only if the |
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magistrate finds by a preponderance of the evidence that the |
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violation occurred. If the magistrate finds that the violation |
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occurred, the magistrate shall revoke the defendant's bond and |
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order that the defendant be immediately returned to custody. Once |
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the defendant is placed in custody, the revocation of the |
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defendant's bond discharges the sureties on the bond, if any, from |
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any future liability on the bond. A discharge under this subsection |
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from any future liability on the bond does not discharge any surety |
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from liability for previous forfeitures on the bond. |
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SECTION 4. Article 17.081, Code of Criminal Procedure, as |
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added by this Act, applies only to a bail bond that is executed on or |
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after the effective date of this Act. A bail bond executed before |
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the effective date of this Act is governed by the law in effect on |
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the date the bail bond was executed, and the former law is continued |
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in effect for that purpose. |
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SECTION 5. Article 17.41(a), Code of Criminal Procedure, as |
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amended by this Act, and Article 17.465, Code of Criminal |
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Procedure, as added by this Act, apply only to a person who is |
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arrested on or after the effective date of this Act. A person |
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arrested before the effective date of this Act is governed by the |
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law in effect on the date the person was arrested, and the former |
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law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1005 was passed by the House on April |
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27, 2021, by the following vote: Yeas 141, Nays 5, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1005 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |