1-1     By:  Garcia (Senate Sponsor - Carona)                 H.B. No. 1968

 1-2           (In the Senate - Received from the House May 1, 1997;

 1-3     May 2, 1997, read first time and referred to Committee on Criminal

 1-4     Justice; May 18, 1997, reported favorably by the following vote:

 1-5     Yeas 7, Nays 0; May 18, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to punishing as contempt the violation of a condition of a

 1-9     peace bond.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Article 7.03, Code of Criminal Procedure, is

1-12     amended to read as follows:

1-13           Art. 7.03.  ACCUSED BROUGHT BEFORE MAGISTRATE.  When the

1-14     accused has been brought before the magistrate, he shall hear proof

1-15     as to the accusation, and if he be satisfied that there is just

1-16     reason to apprehend that the offense was intended to be committed,

1-17     or that the threat was seriously made, he shall make an order that

1-18     the accused enter into bond in such sum as he may in his discretion

1-19     require, conditioned that he will not commit such offense, and that

1-20     he will keep the peace toward the person threatened or about to be

1-21     injured, and toward all others named in the bond for any period of

1-22     time, not to exceed one year from the date of the bond.  The

1-23     magistrate shall admonish the accused that if the accused violates

1-24     a condition of the bond, the court, in addition to ordering

1-25     forfeiture of the bond, may punish the  accused for contempt under

1-26     Section 21.002(c), Government Code.

1-27           SECTION 2.  Chapter 7, Code of Criminal Procedure, is amended

1-28     by adding Article 7.18 to read as follows:

1-29           Art. 7.18.  CONTEMPT.  Violation of a condition of bond

1-30     imposed under this chapter is punishable by:

1-31                 (1)  forfeiture of the bond;

1-32                 (2)  imposition of the fine and confinement for

1-33     contempt under Section 21.002(c), Government Code; or

1-34                 (3)  both forfeiture of the bond and imposition of the

1-35     fine and confinement.

1-36           SECTION 3.  The change in law made by this Act applies only

1-37     to an accused who violates a condition of a peace bond that is

1-38     entered  into by the accused on or after the effective date of this

1-39     Act.  An accused who violates a condition of a peace bond that is

1-40     entered into before the effective date of this Act is covered by

1-41     the law in effect at the time the accused entered into the peace

1-42     bond, and the former law is continued in effect for that purpose.                 

1-43           SECTION 4.  This Act takes effect September 1, 1997.

1-44           SECTION 5.  The importance of this legislation and the

1-45     crowded condition of the calendars in both houses create an

1-46     emergency and an imperative public necessity that the

1-47     constitutional rule requiring bills to be read on three several

1-48     days in each house be suspended, and this rule is hereby suspended.

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