1-1                                   AN ACT

 1-2     relating to punishing as contempt the violation of a condition of a

 1-3     peace bond.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Article 7.03, Code of Criminal Procedure, is

 1-6     amended to read as follows:

 1-7           Art. 7.03.  ACCUSED BROUGHT BEFORE MAGISTRATE.  When the

 1-8     accused has been brought before the magistrate, he shall hear proof

 1-9     as to the accusation, and if he be satisfied that there is just

1-10     reason to apprehend that the offense was intended to be committed,

1-11     or that the threat was seriously made, he shall make an order that

1-12     the accused enter into bond in such sum as he may in his discretion

1-13     require, conditioned that he will not commit such offense, and that

1-14     he will keep the peace toward the person threatened or about to be

1-15     injured, and toward all others named in the bond for any period of

1-16     time, not to exceed one year from the date of the bond.  The

1-17     magistrate shall admonish the accused that if the accused violates

1-18     a condition of the bond, the court, in addition to ordering

1-19     forfeiture of the bond, may punish the  accused for contempt under

1-20     Section 21.002(c), Government Code.

1-21           SECTION 2.  Chapter 7, Code of Criminal Procedure, is amended

1-22     by adding Article 7.18 to read as follows:

1-23           Art. 7.18.  CONTEMPT.  Violation of a condition of bond

1-24     imposed under this chapter is punishable by:

 2-1                 (1)  forfeiture of the bond;

 2-2                 (2)  imposition of the fine and confinement for

 2-3     contempt under Section 21.002(c), Government Code; or

 2-4                 (3)  both forfeiture of the bond and imposition of the

 2-5     fine and confinement.

 2-6           SECTION 3.  The change in law made by this Act applies only

 2-7     to an accused who violates a condition of a peace bond that is

 2-8     entered  into by the accused on or after the effective date of this

 2-9     Act.  An accused who violates a condition of a peace bond that is

2-10     entered into before the effective date of this Act is covered by

2-11     the law in effect at the time the accused entered into the peace

2-12     bond, and the former law is continued in effect for that purpose.                 

2-13           SECTION 4.  This Act takes effect September 1, 1997.

2-14           SECTION 5.  The importance of this legislation and the

2-15     crowded condition of the calendars in both houses create an

2-16     emergency and an imperative public necessity that the

2-17     constitutional rule requiring bills to be read on three several

2-18     days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1968 was passed by the House on April

         30, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1968 was passed by the Senate on May

         22, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor