| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the conditions of release on bond for certain |
|
|
defendants charged with the offense of burglary. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 17, Code of Criminal Procedure, is |
|
|
amended by adding Article 17.154 to read as follows: |
|
|
Art. 17.154. DENIAL OF PERSONAL BOND FOR VIOLATION OF |
|
|
CONDITION OF BOND IN BURGLARY CASE. A defendant charged with an |
|
|
offense under Section 30.02 or 30.04, Penal Code, who is released on |
|
|
personal bond and violates a condition of bond set under Article |
|
|
17.442 and whose bail in the case is revoked for the violation shall |
|
|
be taken into custody and denied further release on personal bond |
|
|
pending trial. The defendant may be released on depositing current |
|
|
money of the United States with the custodian of funds of the court |
|
|
in which the prosecution is pending, or on obtaining a surety bond, |
|
|
in the amount of the new bond as set by the court. |
|
|
SECTION 2. Chapter 17, Code of Criminal Procedure, is |
|
|
amended by adding Article 17.442 to read as follows: |
|
|
Art. 17.442. CONDITIONS REQUIRING ELECTRONIC MONITORING. |
|
|
(a) In this article, "global positioning monitoring system" means a |
|
|
system that electronically determines and reports the location of |
|
|
an individual through the use of a transmitter or similar device |
|
|
carried or worn by the individual that transmits latitude and |
|
|
longitude data to a monitoring entity through global positioning |
|
|
satellite technology. |
|
|
(b) If a magistrate finds that a defendant charged with an |
|
|
offense under Section 30.02 or 30.04, Penal Code, has been |
|
|
previously convicted two or more times of an offense under either of |
|
|
those sections, the magistrate shall require as a condition of bond |
|
|
that the defendant submit to electronic monitoring by a global |
|
|
positioning monitoring system under the supervision of an agency |
|
|
designated by the magistrate. The magistrate shall require the |
|
|
defendant to directly pay the cost of the electronic monitoring as a |
|
|
condition of bond, unless the court finds that the defendant is |
|
|
indigent and enters its findings on record. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to an offense committed on or after the effective date of this Act. |
|
|
An offense committed before the effective date of this Act is |
|
|
governed by the law in effect on the date the offense was committed, |
|
|
and the former law is continued in effect for that purpose. For |
|
|
purposes of this section, an offense was committed before the |
|
|
effective date of this Act if any element of the offense occurred |
|
|
before that date. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |