By Greenberg                                    H.B. No. 1566

      75R4939 PEP-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to participation in a family violence treatment or

 1-3     education program as a condition of personal bond for certain

 1-4     defendants.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Article 17.03, Code of Criminal Procedure, is

 1-7     amended by amending Subsections (d), (e), and (f) and adding

 1-8     Subsection (h) to read as follows:

 1-9           (d)  The state may not use the defendant's participation in

1-10     any program required under this article or the results of any test

1-11     conducted under this chapter in any criminal proceeding arising out

1-12     of the offense for which the defendant is charged.

1-13           (e)  Costs of testing or participating in a program required

1-14     under this article may be assessed as court costs or ordered paid

1-15     directly by the defendant as a condition of bond.

1-16           (f)  In this article:

1-17                 (1)  "Controlled[, "controlled] substance" has the

1-18     meaning assigned by Section 481.002, Health and Safety Code.

1-19                 (2)  "Family violence" has the meaning assigned by

1-20     Section 71.01, Family Code.

1-21           (h)  A court or magistrate setting a personal bond under this

1-22     chapter for a defendant arrested or held without a warrant in the

1-23     prevention of family violence may require as a condition of

1-24     personal bond that the defendant participate in a family violence

 2-1     treatment or education program if requiring that condition will

 2-2     serve to reasonably assure the appearance of the defendant for

 2-3     trial.

 2-4           SECTION 2.  This Act takes effect September 1, 1997.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended.