1-1 By: King of Parker, Green, Morrison H.B. No. 1321 1-2 (Senate Sponsor: Harris) 1-3 (In the Senate - Received from the House May 11, 1999; 1-4 May 12, 1999, read first time and referred to Committee on Criminal 1-5 Justice; May 14, 1999, reported favorably by the following vote: 1-6 Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the authority of a magistrate to impose certain 1-10 reasonable conditions of bond and to revoke a bond for violation of 1-11 one of those conditions. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Chapter 17, Code of Criminal Procedure, is 1-14 amended by adding Article 17.40 to read as follows: 1-15 Art. 17.40. CONDITIONS RELATED TO VICTIM OR COMMUNITY 1-16 SAFETY. (a) To secure a defendant's attendance at trial, a 1-17 magistrate may impose any reasonable condition of bond related to 1-18 the safety of a victim of the alleged offense or to the safety of 1-19 the community. 1-20 (b) At a hearing limited to determining whether the 1-21 defendant violated a condition of bond imposed under Subsection 1-22 (a), the magistrate may revoke the defendant's bond only if the 1-23 magistrate finds by a preponderance of the evidence that the 1-24 violation occurred. 1-25 SECTION 2. The change in law made by this Act applies only 1-26 to a defendant who is released on bond in connection with an 1-27 offense committed on or after the effective date of this Act. A 1-28 defendant who is released on bond in connection with an offense 1-29 committed before the effective date of this Act is covered by the 1-30 law in effect when the offense was committed, and the former law is 1-31 continued in effect for that purpose. For purposes of this 1-32 section, an offense is committed before the effective date of this 1-33 Act if any element of the offense occurs before the effective date. 1-34 SECTION 3. This Act takes effect September 1, 1999. 1-35 SECTION 4. The importance of this legislation and the 1-36 crowded condition of the calendars in both houses create an 1-37 emergency and an imperative public necessity that the 1-38 constitutional rule requiring bills to be read on three several 1-39 days in each house be suspended, and this rule is hereby suspended. 1-40 * * * * *