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