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.