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A BILL TO BE ENTITLED
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AN ACT
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relating to the imposition of conditions on certain defendants |
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charged with an offense involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.292, Code of Criminal Procedure, is |
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amended by adding Subsection (c-1) to read as follows: |
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(c-1) In addition to the conditions described by Subsection |
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(c), the magistrate in the order for emergency protection may |
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impose a condition described by Article 17.49(b) in the manner |
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provided by that article, including ordering a defendant's |
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participation in a global positioning monitoring system or allowing |
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participation in the system by an alleged victim or other person |
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protected under the order. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.49 to read as follows: |
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Art. 17.49. CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE |
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INVOLVING FAMILY VIOLENCE. (a) In this article: |
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(1) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(2) "Global positioning monitoring system" means a |
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system that electronically determines and reports the location of |
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an individual through the use of a transmitter or similar device |
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carried or worn by the individual that transmits latitude and |
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longitude data to a monitoring entity through global positioning |
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satellite technology. The term does not include a system that |
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contains or operates global positioning system technology, radio |
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frequency identification technology, or any other similar |
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technology that is implanted in or otherwise invades or violates |
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the individual's body. |
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(b) A magistrate may require as a condition of release on |
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bond that a defendant charged with an offense involving family |
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violence: |
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(1) refrain from going to or near a residence, school, |
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place of employment, or other location, as specifically described |
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in the bond, frequented by an alleged victim of the offense; |
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(2) carry or wear a global positioning monitoring |
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system device and, except as provided by Subsection (h), pay the |
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costs associated with operating that system in relation to the |
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defendant; or |
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(3) except as provided by Subsection (h), if the |
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alleged victim of the offense consents after receiving the |
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information described by Subsection (d), pay the costs associated |
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with providing the victim with an electronic receptor device that: |
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(A) is capable of receiving the global |
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positioning monitoring system information from the device carried |
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or worn by the defendant; and |
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(B) notifies the victim if the defendant is at or |
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near a location that the defendant has been ordered to refrain from |
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going to or near under Subdivision (1). |
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(c) Before imposing a condition described by Subsection |
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(b)(1), a magistrate must afford an alleged victim an opportunity |
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to provide the magistrate with a list of areas from which the victim |
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would like the defendant excluded and shall consider the victim's |
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request, if any, in determining the locations the defendant will be |
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ordered to refrain from going to or near. If the magistrate imposes |
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a condition described by Subsection (b)(1), the magistrate shall |
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specifically describe the locations that the defendant has been |
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ordered to refrain from going to or near and the minimum distances, |
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if any, that the defendant must maintain from those locations. |
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(d) Before imposing a condition described by Subsection |
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(b)(3), a magistrate must provide to an alleged victim information |
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regarding: |
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(1) the victim's right to participate in a global |
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positioning monitoring system or to refuse to participate in that |
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system and the procedure for requesting that the magistrate |
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terminate the victim's participation; |
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(2) the manner in which the global positioning |
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monitoring system technology functions and the risks and |
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limitations of that technology, and the extent to which the system |
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will track and record the victim's location and movements; |
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(3) any locations that the defendant is ordered to |
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refrain from going to or near and the minimum distances, if any, |
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that the defendant must maintain from those locations; |
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(4) any sanctions that the court may impose on the |
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defendant for violating a condition of bond imposed under this |
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article; |
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(5) the procedure that the victim is to follow, and |
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support services available to assist the victim, if the defendant |
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violates a condition of bond or if the global positioning |
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monitoring system equipment fails; |
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(6) community services available to assist the victim |
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in obtaining shelter, counseling, education, child care, legal |
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representation, and other assistance available to address the |
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consequences of family violence; and |
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(7) the fact that the victim's communications with the |
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court concerning the global positioning monitoring system and any |
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restrictions to be imposed on the defendant's movements are not |
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confidential. |
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(e) In addition to the information described by Subsection |
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(d), a magistrate shall provide to an alleged victim who |
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participates in a global positioning monitoring system under this |
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article the name and telephone number of an appropriate person |
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employed by a local law enforcement agency whom the victim may call |
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to request immediate assistance if the defendant violates a |
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condition of bond imposed under this article. |
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(f) In determining whether to order a defendant's |
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participation in a global positioning monitoring system under this |
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article, the magistrate shall consider the likelihood that the |
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defendant's participation will deter the defendant from seeking to |
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kill, physically injure, stalk, or otherwise threaten the alleged |
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victim before trial. |
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(g) An alleged victim may request that the magistrate |
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terminate the victim's participation in a global positioning |
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monitoring system at any time. The magistrate may not impose |
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sanctions on the victim for requesting termination of the victim's |
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participation in or refusing to participate in a global positioning |
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monitoring system under this article. |
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(h) A magistrate may allow a defendant to perform community |
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service in lieu of paying the costs required by Subsection (b)(2) or |
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(3) if the magistrate determines that the defendant is indigent. |
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(i) A magistrate that imposes a condition described by |
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Subsection (b)(1) or (2) shall order the entity that operates the |
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global positioning monitoring system to notify the court and the |
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appropriate local law enforcement agency if a defendant violates a |
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condition of bond imposed under this article. |
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(j) This article does not limit the authority of a |
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magistrate to impose any other reasonable conditions of bond or |
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enter any orders of protection under other applicable statutes. |
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SECTION 3. Articles 17.292(c-1) and 17.49, Code of Criminal |
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Procedure, as added by this Act, apply only to a defendant released |
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on bond, or to an order for emergency protection issued, in |
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connection with an offense committed on or after the effective date |
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of this Act. A defendant released on bond, or an order for |
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emergency protection issued, in connection with an offense |
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committed before the effective date of this Act is governed by the |
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law in effect when 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 occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |