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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial of bail to a person who violates certain |
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court orders or conditions of bond related to victim or community |
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safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.40(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) At a hearing limited to determining whether the |
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defendant violated a condition of bond imposed under Subsection |
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(a), the magistrate may revoke the defendant's bond only if the |
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magistrate finds that probable cause exists to believe [by a
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preponderance of the evidence] that the violation occurred. |
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SECTION 2. The heading to Section 25.07, Penal Code, is |
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amended to read as follows: |
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Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS |
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OF BOND IN A FAMILY VIOLENCE CASE [PROTECTIVE ORDER OR MAGISTRATE'S
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ORDER]. |
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SECTION 3. Section 25.07(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if, in violation of a |
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condition of bond set in a family violence case and related to the |
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safety of the victim or the safety of the community, an order issued |
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under Article 17.292, Code of Criminal Procedure, an order issued |
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under Section 6.504, Family Code, Chapter 83, Family Code, if the |
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temporary ex parte order has been served on the person, or Chapter |
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85, Family Code [, under Article 17.292, Code of Criminal
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Procedure], or an order issued by another jurisdiction as provided |
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by Chapter 88, Family Code, the person knowingly or intentionally: |
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(1) commits family violence or an act in furtherance |
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of an offense under Section 42.072; |
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(2) communicates: |
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(A) directly with a protected individual or a |
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member of the family or household in a threatening or harassing |
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manner; |
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(B) a threat through any person to a protected |
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individual or a member of the family or household; or |
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(C) in any manner with the protected individual |
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or a member of the family or household except through the person's |
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attorney or a person appointed by the court, if the order or |
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condition of bond prohibits any communication with a protected |
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individual or a member of the family or household; |
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(3) goes to or near any of the following places as |
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specifically described in the order or condition of bond: |
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(A) the residence or place of employment or |
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business of a protected individual or a member of the family or |
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household; or |
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(B) any child care facility, residence, or school |
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where a child protected by the order or condition of bond normally |
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resides or attends; or |
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(4) possesses a firearm. |
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SECTION 4. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.152 to read as follows: |
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Art. 17.152. DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT |
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ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (a) In this |
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article, "family violence" has the meaning assigned by Section |
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71.004, Family Code. |
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(b) A person who commits an offense under Section 25.07, |
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Penal Code, related to a violation of a condition of bond set in a |
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family violence case and whose bail in the case under Section 25.07, |
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Penal Code, or in the family violence case is revoked or forfeited |
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for a violation of a condition of bond may be taken into custody |
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and, pending trial or other court proceedings, denied release on |
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bail on a determination by a judge or magistrate following a hearing |
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that probable cause exists to believe the person violated a |
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condition of bond related to: |
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(1) the safety of the victim of the offense under |
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Section 25.07, Penal Code, or the family violence case, as |
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applicable; or |
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(2) the safety of the community. |
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(c) A person who commits an offense under Section 25.07, |
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Penal Code, other than an offense related to a violation of a |
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condition of bond set in a family violence case, may be taken into |
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custody and, pending trial or other court proceedings, denied |
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release on bail on a determination by a judge or magistrate |
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following a hearing that probable cause exists to believe the |
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person committed the offense. |
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(d) In determining whether to deny release on bail under |
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this article, the judge or magistrate may consider: |
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(1) the order or condition of bond; |
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(2) the nature and circumstances of the alleged |
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offense; |
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(3) the relationship between the accused and the |
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victim, including the history of that relationship; |
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(4) any criminal history of the accused; and |
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(5) any other facts or circumstances relevant to a |
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determination of whether the accused poses an imminent threat of |
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future family violence. |
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(e) A person arrested for committing an offense under |
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Section 25.07, Penal Code, shall without unnecessary delay and |
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after reasonable notice is given to the attorney representing the |
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state, but not later than 48 hours after the person is arrested, be |
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taken before a magistrate in accordance with Article 15.17. At that |
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time, the magistrate shall conduct the hearing and make the |
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determination required by this article. |
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SECTION 5. This Act applies only to an offense committed on |
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or after the effective date of this Act. An offense committed |
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before the effective date of this Act is governed by the law in |
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effect at the time the offense was committed, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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an offense was committed before the effective date of this Act if |
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any element of the offense was committed before that date. |
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SECTION 6. This Act takes effect January 1, 2008, but only |
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if the constitutional amendment proposed by the 80th Legislature, |
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Regular Session, 2007, authorizing the denial of bail to a person |
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who violates certain court orders or conditions of release in a |
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felony or family violence case is approved by the voters. If that |
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constitutional amendment is not approved by the voters, this Act |
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has no effect. |