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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on bail of a defendant charged with stalking |
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or an offense involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.03(a) and (b-2), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by this article |
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[Subsection (b) or (b-1)], a magistrate may, in the magistrate's |
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discretion, release the defendant on personal bond without sureties |
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or other security. |
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(b-2) Except as provided by Articles 15.21, 17.033, and |
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17.151, a defendant may not be released on personal bond if the |
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defendant: |
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(1) is charged with: |
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(A) an offense involving violence; |
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(B) an offense under Section 42.072, Penal Code; |
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or |
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(C) an offense involving family violence, as |
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defined by Section 71.004, Family Code; or |
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(2) while released on bail or community supervision |
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for an offense involving violence, is charged with committing: |
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(A) any offense punishable as a felony; or |
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(B) an offense under the following provisions of |
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the Penal Code: |
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(i) Section 22.01(a)(1) (assault); |
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(ii) Section 22.05 (deadly conduct); |
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(iii) Section 22.07 (terroristic threat); |
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or |
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(iv) Section 42.01(a)(7) or (8) (disorderly |
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conduct involving firearm). |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.1501 to read as follows: |
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Art. 17.1501. MINIMUM AMOUNT OF BAIL FOR DEFENDANT CHARGED |
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WITH STALKING OR OFFENSE INVOLVING FAMILY VIOLENCE. (a) In this |
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article: |
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(1) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(2) "Stalking" means an offense under: |
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(A) Section 42.072, Penal Code; or |
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(B) a law listed in Section 42.072(b), Penal |
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Code, that contains elements that are substantially similar to the |
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elements of an offense under Section 42.072 of that code. |
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(b) The minimum amount of bail required for a defendant |
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charged with an offense under Section 42.072, Penal Code, or an |
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offense involving family violence is: |
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(1) $20,000, except as provided by Subdivisions (2) |
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and (3); |
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(2) $50,000, if the defendant has previously been |
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convicted one time of stalking or an offense involving family |
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violence; or |
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(3) $100,000, if the defendant has previously been |
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convicted two or more times of stalking or an offense involving |
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family violence. |
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SECTION 3. The change in law made by this Act applies only |
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to a person who is arrested on or after December 1, 2023. A person |
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arrested before December 1, 2023, is governed by the law in effect |
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on the date the person was arrested, and the former law is continued |
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in effect for that purpose. |
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SECTION 4. This Act takes effect December 1, 2023, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, authorizing the legislature to set a minimum |
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amount of monetary bond for persons charged with stalking or an |
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offense involving family violence is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |