BILL ANALYSIS

H.B. 767

By: Harless

Homeland Security & Public Safety

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Legislation passed by the 87th Texas Legislature required entry into the Texas Crime Information Center (TCIC) of information regarding conditions of bond for certain violent offenses. Currently, stalking is not included among the offenses subject to this requirement. By including stalking in the list of offenses subject to this requirement, victims of stalking would be notified after a defendant is released on bond and when conditions of bond are imposed by a magistrate, which would help improve victim safety and help reduce the likelihood of retaliatory acts. H.B. 767 seeks to provide for the inclusion of conditions of bond imposed for stalking into TCIC.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 767 amends the Code of Criminal Procedure to provide for the entry into the Texas Crime Information Center (TCIC) database of information relating to the imposition of a condition of bond on a defendant in cases involving stalking. Accordingly, the bill expands the applicability of provisions that do the following:

· govern the entry of information into TCIC regarding conditions of bond imposed for violent offenses; and

· establish the duties of magistrates, sheriffs, court clerks, and the Department of Public Safety related to the entry of that information.

The bill's provisions apply only to a condition of bond imposed on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.