SRC-MAX H.B. 1968 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1968
By: Garcia (Carona)
Criminal Justice
5-5-97
Engrossed


DIGEST 

Currently, a peace bond is a court-ordered monetary deposit made by an
individual accused of threatening to commit or intending to commit an
offense against another individual.  If the deposit cannot be made, a
surety bond may be placed in its stead.  If the accused commits the
offense in question, either the peace bond is forfeited or the surety bond
signers are held liable for the amount of the peace bond.  The Code of
Criminal Procedure does not grant the magistrate the power to impose any
additional penalties on the violator of a peace bond apart from those
penalties for the offense carried out.  This bill grants certain powers to
the magistrate regarding the violation of peace bonds and provides
penalties.  

PURPOSE

As proposed, H.B. 1968 grants a magistrate certain powers regarding the
violation of a peace bond; provides penalties. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 7.03, Code of Criminal Procedure, to require the
magistrate to admonish the accused that if the accused violates a
condition of a peace bond, the court, in addition to ordering forfeiture
of the bond, may punish the accused for contempt under Section 21.002(c),
Government Code. 

SECTION 2. Amends Chapter 7, Code of Criminal Procedure, by adding Article
7.18, as follows: 

Art.  7.18.  CONTEMPT.  Provides that violation of a condition of bond
imposed under this chapter is punishable in a certain manner. 

SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1997.

SECTION 5. Emergency clause.