76R9270 KEL-D                           
         By King of Parker, Green                              H.B. No. 1321
         Substitute the following for H.B. No. 1321:
         By Nixon                                          C.S.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 (a)
1-15     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.