By Greenberg                                          H.B. No. 2059
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the requirement of family violence batterers treatment
    1-3  as a condition of personal bond.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 17, Article 17.03, Code of Criminal
    1-6  Procedure, is amended by adding Subsection (d) and amending (e),
    1-7  (f), (g), and (h) to read as follows:
    1-8        Art. 17.03.  Personal bond.  (d)   When setting a personal
    1-9  bond under this chapter, on reasonable belief by the 10
   1-10  investigating or arresting law enforcement agent or magistrate that
   1-11  the incident in question was an assault in which family violence is
   1-12  implied due to the relationship of the accused to the victim, and
   1-13  especially in situations where children are present, the court or a
   1-14  magistrate may require as a condition of personal bond that the
   1-15  defendant participate in a 16 batterers treatment program or
   1-16  education program if such a condition is reasonably necessary to
   1-17  protect the community, the victim, and will serve to reasonably
   1-18  assure the appearance of the defendant for trial.
   1-19        (e) <(d)>  The state may not use the results of any test
   1-20  conducted and/or participation in any program under this chapter in
   1-21  any criminal proceeding arising out of the offense for which the
   1-22  defendant is charged.
   1-23        (f) <(e)>  Costs of testing and programs may be assessed as
    2-1  court costs or ordered paid directly by the defendant as a
    2-2  condition to bond.
    2-3        (g) <(f)>  In this article, "controlled substance" has the
    2-4  meaning assigned by Section 17.42, Health and Safety Code.
    2-5        (h)  In this article, "family violence" has the meaning
    2-6  assigned by Section 71.01, Family Code.
    2-7        (i) <(g)>  The court may order that a personal bond fee
    2-8  assessed under Section 17.42 be:
    2-9              (1)  paid before the defendant is released;
   2-10              (2)  paid as a condition of bond;
   2-11              (3)  paid as court costs;
   2-12              (4)  reduced as otherwise provided for by statute; or
   2-13              (5)  waived.
   2-14        SECTION 2.  This Act takes effect September 1, 1995.
   2-15        SECTION 3.  The importance of this legislation and the
   2-16  crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house is suspended, and this rule is hereby suspended.