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A BILL TO BE ENTITLED
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AN ACT
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relating to the entry into the Texas Crime Information Center of |
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certain information regarding conditions of bond imposed in |
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criminal cases involving family violence. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.49, Code of Criminal Procedure, is |
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amended by adding Subsections (m), (n), (o), (p), (q), (r), (s), and |
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(t) to read as follows: |
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(m) As soon as possible but not later than the next business |
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day after the date the magistrate issues an order imposing a |
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condition of bond or modifying or removing a condition imposed |
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under this article, the magistrate shall send a copy of the order to |
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the chief of police in the municipality where the victim of the |
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offense resides, if the victim resides in a municipality, or to the |
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sheriff of the county where the victim resides, if the victim does |
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not reside in a municipality. The clerk of the court shall send a |
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copy of the order to the victim at the victim's last known address |
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as soon as possible but not later than the next business day after |
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the date the order is issued. |
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(n) A magistrate or clerk of the court may delay sending a |
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copy of the order under Subsection (m) only if the magistrate or |
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clerk lacks information necessary to ensure service and |
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enforcement. |
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(o) If an order described by Subsection (m) prohibits a |
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defendant from going to or near a child care facility or school, the |
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magistrate shall send a copy of the order to the applicable child |
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care facility or school. |
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(p) The copy of the order and any related information may be |
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sent under Subsection (m) or (o) electronically or in another |
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manner that can be accessed by the recipient. |
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(q) If the victim of the offense is not present when an order |
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described by Subsection (m) is issued, the magistrate shall order a |
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peace officer to make a good faith effort to provide notice of the |
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order to the victim within 24 hours by calling the victim's last |
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known phone number. |
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(r) Not later than the third business day after the date of |
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receipt of the copy of an order described by Subsection (m) by the |
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applicable law enforcement agency, the law enforcement agency shall |
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enter the following information into the statewide law enforcement |
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information system maintained by the Department of Public Safety or |
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shall modify or remove that information, as appropriate: |
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(1) the information listed in Section 411.042(b)(6), |
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Government Code, as that information relates to an order issued |
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under this article; |
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(2) the date the order releasing the defendant on bond |
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was issued; and |
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(3) the court that issued the order releasing the |
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defendant on bond. |
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(s) The law enforcement agency shall enter the information |
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described by Subsection (r) into the statewide law enforcement |
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information system maintained by the Department of Public Safety: |
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(1) in the same manner that the agency enters the |
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information into the system for a protective order or magistrate's |
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order of emergency protection; and |
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(2) regardless of whether a protective order or |
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magistrate's order of emergency protection: |
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(A) has been issued or has been entered into the |
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system with respect to the defendant; or |
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(B) protects the same person as a condition of |
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bond in an order described by Subsection (m). |
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(t) The Department of Public Safety shall modify the |
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department's statewide law enforcement information system to: |
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(1) enable the system to accept and maintain detailed |
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information regarding the requirements and status of a condition of |
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bond imposed under this article, including information described by |
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Subsection (r), so that a peace officer may: |
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(A) easily and quickly search the system by one |
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or more criteria related to the information described by Subsection |
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(r), including the name of the defendant on whom the condition is |
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imposed; and |
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(B) retrieve the information necessary to |
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enforce the condition of bond or prevent a violation of the |
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condition; and |
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(2) ensure that a person who accesses the system for |
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the purpose of entering, modifying, or removing information that |
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relates to a condition of bond imposed under this article may add or |
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remove notes regarding the condition, the defendant on whom the |
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condition is imposed, or the person protected by the condition. |
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SECTION 2. This Act takes effect September 1, 2019. |