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.