By:  Haggerty                                                     H.B. No. 2906



A BILL TO BE ENTITLED

AN ACT

relating to surety bonds for the electronic monitoring of criminal 
defendants.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.43, Code of Criminal Procedure, is 
amended by amending Subsection (a) and adding Subsection (c) to 
read as follows:
	(a)  A magistrate may require as a condition of release [on 
personal bond] that the defendant submit to home curfew and 
electronic monitoring under the supervision of an agency designated 
by the magistrate.
	(c)  A magistrate requiring home curfew and electronic 
monitoring pursuant to this article shall require the defendant to 
give a surety bond to ensure the faithful performance of the 
conditions of release.  A copy of the conditions of release shall be 
attached to and made a part of the surety bond.
	SECTION 2.  Article 17.44, Code of Criminal Procedure, is 
amended by adding Subsection (e) to read as follows:
	(e)  A magistrate requiring home confinement and electronic 
monitoring pursuant to this article shall require the defendant to 
give a surety bond to ensure the faithful performance of the 
conditions of release.  A copy of the conditions of release shall be 
attached to and made a part of the surety bond.
	SECTION 3.  Article 42.035, Code of Criminal Procedure, is 
amended by amending Subsection (b) and adding Subsections (b-1) and 
(b-2) to read as follows:
	(b)  A judge, at the time of the pronouncement of a sentence 
of confinement or at any time while the defendant is serving the 
sentence, on the judge's own motion or on the written motion of the 
defendant, may permit the defendant to serve the sentence under 
house arrest, including electronic monitoring and any other 
conditions the court chooses to impose, during the person's 
off-work hours.  [The judge may require bail of the defendant to 
ensure the faithful performance of the sentence.]
	(b-1)  In order to manage the population of a jail in 
compliance with state law and the constitution of this state or the 
United States, a sheriff may permit a defendant to serve a sentence 
of confinement in county jail by submitting to electronic 
monitoring rather than being confined in the county jail.  The 
sheriff shall enter into a written agreement with the defendant 
setting forth the conditions to be imposed upon the defendant 
during such period of release from confinement in the county jail.  
If the sheriff determines that the defendant has violated a 
condition imposed, the sheriff shall have the authority to cancel 
the agreement and return the defendant to confinement in the county 
jail by any lawful means necessary, to serve the balance of the 
sentence.
	(b-2)  A person released from confinement pursuant to this 
article shall be required to give a surety bond to ensure the 
faithful performance of the conditions of release from confinement 
in the county jail.  A copy of the conditions of release shall be 
attached to and made a part of the surety bond.  The surety on such a 
bond must be a corporate surety qualified to write fidelity, 
guaranty and surety bonds under the Insurance Code.
	SECTION 4.  This Act takes effect September 1, 2005.