By: Stephenson H.B. No. 4375
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the use of anti-theft electronic monitoring
  as a condition of community supervision or release on bond.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 17.44(a), (b), (c), and (e), Code of
  Criminal Procedure, are amended to read as follows:
         (a)  A magistrate may require as a condition of release on
  bond that the defendant submit to:
               (1)  home confinement and electronic monitoring under
  the supervision of an agency designated by the magistrate; [or]
               (2)  anti-theft electronic monitoring if the defendant
  is charged with an offense under Section 31.03 or 31.16, Penal Code;
  or
               (3)  testing on a weekly basis for the presence of a
  controlled substance in the defendant's body.
         (b)  In this article:
               (1)  "Anti-theft electronic monitoring" means an
  electronic monitoring system that:
                     (A)  uses a device that is worn or carried by a
  defendant subject to the electronic monitoring system;
                     (B)  works in conjunction with retail security
  technology used in retail stores; and
                     (C)  is capable of notifying a retail store's
  security personnel and the monitoring entity when a person subject
  to monitoring enters the store.
               (2)  "Controlled [, "controlled] substance" has the
  meaning assigned by Section 481.002, Health and Safety Code.
         (c)  The magistrate may revoke the bond and order the
  defendant arrested if the defendant:
               (1)  violates a condition of:
                     (A)  home confinement and electronic monitoring;
  or
                     (B)  anti-theft 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.
         (e)  The cost of electronic monitoring, including anti-theft
  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.  Article 42A.301(b), Code of Criminal Procedure,
  is amended to read as follows:
         (b)  Conditions of community supervision may include
  conditions requiring the defendant to:
               (1)  commit no offense against the laws of this state or
  of any other state or of the United States;
               (2)  avoid injurious or vicious habits;
               (3)  avoid persons or places of disreputable or harmful
  character, including any person, other than a family member of the
  defendant, who is an active member of a criminal street gang;
               (4)  report to the supervision officer as directed by
  the judge or supervision officer and obey all rules and regulations
  of the community supervision and corrections department;
               (5)  permit the supervision officer to visit the
  defendant at the defendant's home or elsewhere;
               (6)  work faithfully at suitable employment to the
  extent possible;
               (7)  remain within a specified place;
               (8)  pay in one or more amounts:
                     (A)  the defendant's fine, if one is assessed; and
                     (B)  all court costs, regardless of whether a fine
  is assessed;
               (9)  support the defendant's dependents;
               (10)  participate, for a period specified by the judge,
  in any community-based program, including a community service
  project under Article 42A.304;
               (11)  if the judge determines that the defendant has
  financial resources that enable the defendant to offset in part or
  in whole the costs of the legal services provided to the defendant
  in accordance with Article 1.051(c) or (d), including any expenses
  and costs, reimburse the county in which the prosecution was
  instituted for the costs of the legal services in an amount that the
  judge finds the defendant is able to pay, except that the defendant
  may not be ordered to pay an amount that exceeds:
                     (A)  the actual costs, including any expenses and
  costs, paid by the county for the legal services provided by an
  appointed attorney; or
                     (B)  if the defendant was represented by a public
  defender's office, the actual amount, including any expenses and
  costs, that would have otherwise been paid to an appointed attorney
  had the county not had a public defender's office;
               (12)  if under custodial supervision in a community
  corrections facility:
                     (A)  remain under that supervision;
                     (B)  obey all rules and regulations of the
  facility; and
                     (C)  pay a percentage of the defendant's income
  to:
                           (i)  the facility for room and board; and
                           (ii)  the defendant's dependents for their
  support during the period of custodial supervision;
               (13)  submit to testing for alcohol or controlled
  substances;
               (14)  attend counseling sessions for substance abusers
  or participate in substance abuse treatment services in a program
  or facility approved or licensed by the Department of State Health
  Services;
               (15)  with the consent of the victim of a misdemeanor
  offense or of any offense under Title 7, Penal Code, participate in
  victim-defendant mediation;
               (16)  submit to electronic monitoring, other than
  anti-theft electronic monitoring as required under Subdivision
  (24);
               (17)  reimburse the compensation to victims of crime
  fund for any amounts paid from that fund to or on behalf of a victim,
  as defined by Article 56.32, of the offense or if no reimbursement
  is required, make one payment to the compensation to victims of
  crime fund in an amount not to exceed $50 if the offense is a
  misdemeanor or not to exceed $100 if the offense is a felony;
               (18)  reimburse a law enforcement agency for the
  analysis, storage, or disposal of raw materials, controlled
  substances, chemical precursors, drug paraphernalia, or other
  materials seized in connection with the offense;
               (19)  pay all or part of the reasonable and necessary
  costs incurred by the victim for psychological counseling made
  necessary by the offense or for counseling and education relating
  to acquired immune deficiency syndrome or human immunodeficiency
  virus made necessary by the offense;
               (20)  make one payment in an amount not to exceed $50 to
  a crime stoppers organization, as defined by Section 414.001,
  Government Code, and as certified by the Texas Crime Stoppers
  Council;
               (21)  submit a DNA sample to the Department of Public
  Safety under Subchapter G, Chapter 411, Government Code, for the
  purpose of creating a DNA record of the defendant;
               (22)  in any manner required by the judge, provide in
  the county in which the offense was committed public notice of the
  offense for which the defendant was placed on community
  supervision; [and]
               (23)  reimburse the county in which the prosecution was
  instituted for compensation paid to any interpreter in the case;
  and
               (24)  submit to anti-theft electronic monitoring, as
  defined by Article 17.44, if the defendant is placed on community
  supervision for an offense under Section 31.03 or 31.16, Penal
  Code.
         SECTION 3.  (a) Article 17.44, Code of Criminal Procedure,
  as amended by this Act, applies only to a person who is released on
  bond following an arrest for an offense committed on or after the
  effective date of this Act.  A person released on bond following an
  arrest for 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.
         (b)  Article 42A.301(b), Code of Criminal Procedure, as
  amended by this Act, applies only to a person who is placed on
  community supervision for an offense committed on or after the
  effective date of this Act.  A person who is placed on community
  supervision for 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.
         (c)  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, 2019.