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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 felony offense |
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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 17.292(c-1), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c-1) In addition to the conditions described by Subsection |
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(c), the magistrate in the order for emergency protection may |
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impose a condition described by Article 17.49(b) in the manner |
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provided by that article, including ordering a defendant's |
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participation in a global positioning monitoring system or allowing |
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participation in the system by an alleged victim or other person |
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protected under the order. If applicable, the magistrate shall |
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impose the condition described by Article 17.49(b-1). |
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SECTION 2. Article 17.49, Code of Criminal Procedure, is |
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amended by amending Subsections (b), (f), (h), (j), and (k) and |
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adding Subsection (b-1) to read as follows: |
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(b) Except as provided by Subsection (b-1), a [A] magistrate |
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may require as a condition of release on bond that a defendant |
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charged with an offense involving family violence: |
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(1) refrain from going to or near a residence, school, |
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place of employment, or other location, as specifically described |
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in the bond, frequented by an alleged victim of the offense; |
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(2) carry or wear a global positioning monitoring |
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system device and, except as provided by Subsection (h), pay a |
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reimbursement fee for the costs associated with operating that |
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system in relation to the defendant; or |
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(3) except as provided by Subsection (h), if the |
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alleged victim of the offense consents after receiving the |
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information described by Subsection (d), pay a reimbursement fee |
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for the costs associated with providing the victim with an |
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electronic receptor device that: |
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(A) is capable of receiving the global |
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positioning monitoring system information from the device carried |
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or worn by the defendant; and |
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(B) notifies the victim if the defendant is at or |
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near a location that the defendant has been ordered to refrain from |
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going to or near under Subdivision (1). |
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(b-1) A magistrate shall require as a condition of release |
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on bond that a defendant charged with an offense involving family |
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violence punishable as a felony carry or wear a global positioning |
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monitoring system device and, except as provided by Subsection (h), |
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pay a reimbursement fee for the costs associated with operating |
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that system in relation to the defendant. |
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(f) In determining whether to order a defendant's |
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participation in a global positioning monitoring system under |
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Subsection (b) [this article], the magistrate shall consider the |
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likelihood that the defendant's participation will deter the |
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defendant from seeking to kill, physically injure, stalk, or |
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otherwise threaten the alleged victim before trial. |
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(h) If the magistrate determines that a defendant is |
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indigent, the magistrate may, based on a sliding scale established |
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by local rule, require the defendant to pay a reimbursement fee |
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under Subsection (b)(2) or (3) or (b-1) in an amount that is less |
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than the full amount of the costs associated with operating the |
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global positioning monitoring system in relation to the defendant |
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or providing the victim with an electronic receptor device. |
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(j) A magistrate who [that] imposes a condition requiring |
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the carrying or wearing of a global positioning monitoring system |
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device [described by Subsection (b)(1) or (2)] shall order the |
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entity that operates the global positioning monitoring system to |
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notify the court and the appropriate local law enforcement agency |
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if a defendant violates a condition of bond imposed under this |
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article. |
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(k) A magistrate who [that] imposes a condition described by |
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Subsection (b) or (b-1) may only allow or require the defendant to |
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execute or be released under a type of bond that is authorized by |
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this chapter. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |