By: Whitmire S.B. No. 1506

(In the Senate - Filed March 9, 2009; March 17, 2009, read first time and referred to Committee on Criminal Justice; April 20, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 7, Nays 0; April 20, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1506 By: Hinojosa

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.

* * * * *