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A BILL TO BE ENTITLED
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AN ACT
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relating to the conditions of bond for a defendant charged with |
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committing certain offenses against a child and to the denial of |
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bail pending trial with respect to certain defendants who violate |
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those conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.41(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) This article applies to a defendant charged with an |
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offense under any of the following provisions of the Penal Code, if |
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committed against a child younger than 14 [12] years of age [or
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younger]: |
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(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct); or |
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(3) Section 43.25 (Sexual Performance by a Child). |
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(b) Subject to Subsections (c) and (d), with respect to a |
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defendant who is charged with an offense described by Subsection |
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(a), a [A] magistrate may require as a condition of bond, if an |
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attorney representing the state is present at the time the |
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magistrate sets the conditions of the defendant's bond, and shall |
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require as a condition of bond, if an attorney representing the |
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state is not present at the time the magistrate sets the conditions |
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of the defendant's bond, [for a defendant charged with an offense
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described by Subsection (a) of this article] that the defendant |
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not: |
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(1) directly communicate with the alleged victim of |
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the offense; or |
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(2) go near a residence, school, or other location, as |
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specifically described in the bond, frequented by the alleged |
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victim. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.153 to read as follows: |
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Art. 17.153. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF |
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BOND WHERE CHILD ALLEGED VICTIM. (a) This article applies to a |
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defendant charged with a felony offense under any of the following |
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provisions of the Penal Code, if committed against a child younger |
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than 14 years of age: |
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(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct); or |
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(3) Section 43.25 (Sexual Performance by a Child). |
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(b) A defendant described by Subsection (a) who violates a |
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condition of bond set under Article 17.41 and whose bail in the case |
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is revoked for the violation may be taken into custody and denied |
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release on bail pending trial if, following a hearing, a judge or |
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magistrate determines by a preponderance of the evidence that the |
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defendant violated a condition of bond related to the safety of the |
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victim of the offense or the safety of the community. If the |
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magistrate finds that the violation occurred, the magistrate may |
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revoke the defendant's bond and order that the defendant be |
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immediately returned to custody. Once the defendant is placed in |
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custody, the revocation of the defendant's bond discharges the |
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sureties on the bond, if any, from any future liability on the bond. |
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A discharge under this subsection from any future liability on the |
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bond does not discharge any surety from liability for previous |
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forfeitures on the bond. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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