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. 1-49 * * * * *