SRC-PNG H.B. 1321 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1321
By: King, Phil (Harris)
Criminal Justice
5/13/1999
Engrossed


DIGEST 

A recent court decision stated that a trial court does not have the
inherent authority to impose conditions on a defendant's pre-trial bond
that are not authorized by statute. H.B. 1321 authorizes a magistrate to
impose any reasonable condition of bond related to the safety of a victim
of the alleged offense or to the safety of the community that the
magistrate finds is reasonably certain to secure the attendance of the
defendant at trial. 

PURPOSE

As proposed, H.B. 1321 authorizes a magistrate to impose any reasonable
conditions of bond related to the safety of a victim of the alleged offense
or to the safety of the community that the magistrate finds is reasonably
certain to secure the attendance of the defendant at trial. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 17, Code of Criminal Procedure, by adding Article
17.40, as follows:  

Art. 17.40. CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY. (a)Authorizes
a magistrate to impose any reasonable condition of bond related to the
safety of a victim of the alleged offense or to the safety of the community
that the magistrate finds is reasonably certain to secure the attendance of
the defendant at trial.  

(b) Authorizes a magistrate, at a hearing limited to determining whether
the defendant violated a condition of bond imposed under Subsection (a), to
revoke the defendant's bond only if the magistrate finds by a preponderance
of the evidence that the violation occurred.  

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.