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A BILL TO BE ENTITLED
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AN ACT
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relating to conditions of release on bond for a defendant charged |
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with certain trafficking or prostitution related offenses. |
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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 17.465 to read as follows: |
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Art. 17.465. CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN |
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TRAFFICKING OR PROSTITUTION RELATED OFFENSES. (a) A magistrate |
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shall require as a condition of release on bond that a defendant |
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charged with an offense under Section 20A.02, 20A.03, 43.03, |
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43.031, 43.04, 43.041, or 43.05, Penal Code, may not: |
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(1) communicate directly or indirectly with the |
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victim; or |
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(2) go to or near: |
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(A) the residence, place of employment, or |
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business of the victim; or |
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(B) if applicable, a school, day-care facility, |
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or similar facility where a dependent child of the victim is in |
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attendance. |
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(b) The magistrate shall specifically describe the |
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prohibited locations under Subsection (a)(2) and the minimum |
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distances, if any, that the defendant must maintain from the |
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locations. |
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(c) At a hearing limited to determining whether the |
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defendant violated a condition of bond imposed under Subsection |
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(a), the magistrate may revoke the defendant's bond only if the |
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magistrate finds by a preponderance of the evidence that the |
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violation occurred. If the magistrate finds that the violation |
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occurred, the magistrate shall revoke the defendant's bond and |
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order that the defendant be immediately returned to custody. Once |
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the defendant is placed in custody, the revocation of the |
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defendant's bond discharges the sureties on the bond, if any, from |
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any future liability on the bond. A discharge under this subsection |
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from any future liability on the bond does not discharge any surety |
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from liability for previous forfeitures on the bond. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |