AEZ H.B. 1968 75(R)BILL ANALYSIS


CRIMINAL JURISPRUDENCE
H.B. 1968
By: Garcia
4-2-97
Committee Report (Unamended)



BACKGROUND
 
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 a magistrate the power to impose any additional penalties
on the violator of a peace bond apart from those penalties for the offense
carried out.  In cases where surety bonds are placed, there is no direct
penalty to a violator of a peace bond for the violation of the bond
itself. 

PURPOSE

HB 1968, as proposed, would remove the surety bond "loophole" and give a
magistrate greater flexibility in the imposition of a penalty for the
violation of a peace bond.  HB 1968 makes violation of a peace bond
punishable for contempt under Section 21.002(c), Local Government Code. 


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1:Article 7.03, Code of Criminal Procedure, is amended to state
that a magistrate must advise the recipient of a peace bond order that
failure to meet the conditions of the peace bond could result in
forfeiture of the bond as well as punishment for contempt under Section
21.002(c), Local Government Code.   

SECTION 2:Chapter 7, Code of Criminal Procedure, is amended by adding
Article 7.18 to state that violation of a bond is punishable by 1)
Forfeiture of a the bond; 2) Imposition of the fine and confinement for
contempt, or 3) Both forfeiture of the bond and imposition of the fine and
confinement for contempt. 

SECTION 3:Change in law applicable only to peace bonds entered after the
effective date of this act. 

SECTION 4:Effective Date:  September 1, 1997

SECTION 5:Emergency Clause