81R22695 KCR-D
 
  By: Smith of Harris H.B. No. 3615
 
  Substitute the following for H.B. No. 3615:
 
  By:  Moody C.S.H.B. No. 3615
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the payment of the costs associated with certain
  conditions of bond.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.44, Code of Criminal Procedure, is
  amended by amending Subsection (c) and adding Subsection (e) to
  read as follows:
         (c)  The magistrate may revoke the bond and order the
  defendant arrested if the [If a] defendant:
               (1)  violates a condition of home confinement and
  electronic monitoring;
               (2)  [,] refuses to submit to a test for controlled
  substances[,] or submits to a test for controlled substances and
  the test indicates the presence of a controlled substance in the
  defendant's body; or
               (3)  fails to pay the costs of monitoring or testing for
  controlled substances, if payment is ordered under Subsection (e)
  as a condition of bond and the magistrate determines that the
  defendant is not indigent and is financially able to make the
  payments as ordered[, the magistrate may revoke the bond and order
  the defendant arrested].
         (e)  The cost of electronic monitoring or testing for
  controlled substances under this article may be assessed as court
  costs or ordered paid directly by the defendant as a condition of
  bond.
         SECTION 2.  This Act takes effect September 1, 2009.