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.