By King of Parker, Green, Morrison H.B. No. 1321
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of a magistrate to impose certain
1-3 reasonable conditions of bond and to revoke a bond for violation of
1-4 one of those conditions.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 17, Code of Criminal Procedure, is
1-7 amended by adding Article 17.40 to read as follows:
1-8 Art. 17.40. CONDITIONS RELATED TO VICTIM OR COMMUNITY
1-9 SAFETY. (a) To secure a defendant's attendance at trial, a
1-10 magistrate may impose any reasonable condition of bond related to
1-11 the safety of a victim of the alleged offense or to the safety of
1-12 the community.
1-13 (b) At a hearing limited to determining whether the
1-14 defendant violated a condition of bond imposed under Subsection
1-15 (a), the magistrate may revoke the defendant's bond only if the
1-16 magistrate finds by a preponderance of the evidence that the
1-17 violation occurred.
1-18 SECTION 2. The change in law made by this Act applies only
1-19 to a defendant who is released on bond in connection with an
1-20 offense committed on or after the effective date of this Act. A
1-21 defendant who is released on bond in connection with an offense
1-22 committed before the effective date of this Act is covered by the
1-23 law in effect when the offense was committed, and the former law is
1-24 continued in effect for that purpose. For purposes of this
2-1 section, an offense is committed before the effective date of this
2-2 Act if any element of the offense occurs before the effective date.
2-3 SECTION 3. This Act takes effect September 1, 1999.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.