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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 orders imposing a condition of bond |
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in a criminal case involving a violent offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.50 to read as follows: |
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Art. 17.50. ENTRY INTO TEXAS CRIME INFORMATION CENTER OF |
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CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF |
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MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY. (a) In |
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this article: |
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(1) "Business day" means a day other than a Saturday, |
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Sunday, or state or national holiday. |
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(2) "Database" means the statewide law enforcement |
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information system maintained by the Department of Public Safety, |
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also known as the Texas Crime Information Center. |
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(3) "Violent offense" means: |
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(A) an offense under the following sections of |
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the Penal Code: |
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(i) Section 19.02 (murder); |
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(ii) Section 19.03 (capital murder); |
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(iii) Section 20.03 (kidnapping); |
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(iv) Section 20.04 (aggravated |
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kidnapping); |
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(v) Section 21.11 (indecency with a child); |
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(vi) Section 22.011 (sexual assault); |
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(vii) Section 22.02 (aggravated assault); |
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(viii) Section 22.021 (aggravated sexual |
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assault); |
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(ix) Section 22.04 (injury to a child, |
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elderly individual, or disabled individual); |
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(x) Section 29.03 (aggravated robbery); |
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(xi) Section 21.02 (continuous sexual abuse |
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of young child or children); or |
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(xii) Section 20A.03 (continuous |
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trafficking of persons); or |
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(B) any offense involving family violence, as |
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defined by Section 71.004, Family Code. |
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(b) As soon as practicable but not later than the next day |
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after the date a magistrate issues an order imposing a condition of |
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bond on a defendant under this chapter for a violent offense, the |
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magistrate shall notify the sheriff of the condition and provide to |
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the sheriff the following information: |
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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 described |
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by this subsection; |
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(2) the name and address of any named person the |
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condition of bond is intended to protect, and if different and |
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applicable, the name and address of the victim of the alleged |
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offense; |
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(3) the date the order releasing the defendant on bond |
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was issued; and |
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(4) the court that issued the order releasing the |
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defendant on bond. |
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(c) As soon as practicable but not later than the next day |
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after the date a magistrate, in a case described by Subsection (b), |
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revokes a bond that contains a condition, modifies the terms of or |
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removes a condition of bond, or disposes of the underlying criminal |
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charges, the magistrate shall notify the sheriff and provide the |
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sheriff with information that is sufficient to enable the sheriff |
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to modify or remove the appropriate record in the database. |
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(d) As soon as practicable but not later than the next |
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business day after the date the sheriff receives the information: |
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(1) described by Subsection (b), the sheriff shall: |
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(A) enter the information into the database; and |
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(B) make a good faith effort to notify by |
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telephone any named person the condition of bond is intended to |
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protect, and if different and applicable, the victim of the alleged |
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offense that the defendant to whom the order is directed has been |
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released on bond; and |
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(2) described by Subsection (c), the sheriff shall |
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modify or remove the appropriate record in the database. |
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(e) The clerk of a court that issues an order described by |
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Subsection (b) shall send a copy of the order to any named person |
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the condition of bond is intended to protect, and if different and |
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applicable, the victim of the alleged offense at the person's last |
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known address not later than the next business day after the date |
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the court issues the order. |
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(f) The Department of Public Safety shall: |
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(1) modify the database to enable the database to |
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accept and maintain detailed information on active conditions of |
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bond regarding the requirements and status of a condition of bond |
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imposed by a magistrate for a violent offense, including |
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information described by Subsections (b) and (c); and |
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(2) develop and adopt a form for use by magistrates and |
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sheriffs to facilitate the data collection and data entry required |
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by this article. |
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(g) This article does not create liability for any errors or |
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omissions of a sheriff caused by inaccurate information provided |
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under this article to the sheriff by a magistrate. |
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SECTION 2. Not later than December 31, 2021, the Department |
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of Public Safety of the State of Texas shall modify the statewide |
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law enforcement information system maintained by the department, |
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also known as the Texas Crime Information Center, to enable the |
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database to accept and maintain detailed information regarding the |
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requirements and status of an active condition of bond imposed by a |
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magistrate for a violent offense, as required by Article 17.50(f), |
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Code of Criminal Procedure, as added by this Act. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2022. |
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(b) Section 2 of this Act takes effect September 1, 2021. |