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A BILL TO BE ENTITLED
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AN ACT
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relating to the denial or revocation of bail for a person who |
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violates certain court orders or conditions of bond related to |
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victim or community safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 2. Sections 25.07(a) and (g), Penal Code, are |
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amended to read 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 violation is of |
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an order described by this subsection and the order prohibits any |
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communication with a protected individual or a member of the family |
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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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(g) An offense under this section is a Class A misdemeanor |
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unless it is shown on the trial of the offense that the defendant |
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has previously been convicted under this section two or more times |
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or has violated the [protective] order or condition of bond by |
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committing an assault or the offense of stalking, in which event the |
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offense is a third degree felony. |
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SECTION 3. 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) Except as otherwise provided by Subsection (d), a person |
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who commits an offense under Section 25.07, Penal Code, related to a |
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violation of a condition of bond set in a family violence case and |
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whose bail in the case under Section 25.07, Penal Code, or in the |
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family violence case is revoked or forfeited for a violation of a |
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condition of bond may be taken into custody and, pending trial or |
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other court proceedings, denied release on bail if following a |
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hearing a judge or magistrate determines by a preponderance of the |
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evidence that the person violated a 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) Except as otherwise provided by Subsection (d), a person |
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who commits an offense under Section 25.07, Penal Code, other than |
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an offense related to a violation of a condition of bond set in a |
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family violence case, may be taken into custody and, pending trial |
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or other court proceedings, denied release on bail if following a |
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hearing a judge or magistrate determines by a preponderance of the |
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evidence that the person committed the offense. |
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(d) A person who commits an offense under Section |
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25.07(a)(3), Penal Code, may be held without bail under Subsection |
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(b) or (c), as applicable, only if following a hearing the judge or |
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magistrate determines by a preponderance of the evidence that the |
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person went to or near the place described in the order or condition |
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of bond with the intent to commit or threaten to commit: |
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(1) family violence; or |
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(2) an act in furtherance of an offense under Section |
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42.072, Penal Code. |
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(e) 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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(f) 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 4. 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 by a preponderance of the evidence that the |
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violation occurred. If the magistrate finds that the violation |
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occurred, the magistrate shall revoke the defendant's bond and |
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order that the defendant be immediately returned to custody. Once |
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the defendant is placed in custody, the revocation of the |
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defendant's bond discharges the sureties on the bond, if any, from |
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any future liability on the bond. A discharge under this subsection |
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from any future liability on the bond does not discharge any surety |
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from liability for previous forfeitures on the bond. |
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SECTION 5. Article 22.021, Code of Criminal Procedure, is |
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repealed. |
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SECTION 6. 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 7. 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. |
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