88R8006 MCF-D
 
  By: Manuel H.B. No. 3256
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to conditions of release on bond for a felony offense
  involving family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.292(c-1), Code of Criminal Procedure,
  is amended to read as follows:
         (c-1)  In addition to the conditions described by Subsection
  (c), the magistrate in the order for emergency protection may
  impose a condition described by Article 17.49(b) in the manner
  provided by that article, including ordering a defendant's
  participation in a global positioning monitoring system or allowing
  participation in the system by an alleged victim or other person
  protected under the order. If applicable, the magistrate shall
  impose the condition described by Article 17.49(b-1).
         SECTION 2.  Article 17.49, Code of Criminal Procedure, is
  amended by amending Subsections (b), (f), (h), (j), and (k) and
  adding Subsection (b-1) to read as follows:
         (b)  Except as provided by Subsection (b-1), a [A] magistrate
  may require as a condition of release on bond that a defendant
  charged with an offense involving family violence:
               (1)  refrain from going to or near a residence, school,
  place of employment, or other location, as specifically described
  in the bond, frequented by an alleged victim of the offense;
               (2)  carry or wear a global positioning monitoring
  system device and, except as provided by Subsection (h), pay a
  reimbursement fee for the costs associated with operating that
  system in relation to the defendant; or
               (3)  except as provided by Subsection (h), if the
  alleged victim of the offense consents after receiving the
  information described by Subsection (d), pay a reimbursement fee
  for the costs associated with providing the victim with an
  electronic receptor device that:
                     (A)  is capable of receiving the global
  positioning monitoring system information from the device carried
  or worn by the defendant; and
                     (B)  notifies the victim if the defendant is at or
  near a location that the defendant has been ordered to refrain from
  going to or near under Subdivision (1).
         (b-1)  A magistrate shall require as a condition of release
  on bond that a defendant charged with an offense involving family
  violence punishable as a felony carry or wear a global positioning
  monitoring system device and, except as provided by Subsection (h),
  pay a reimbursement fee for the costs associated with operating
  that system in relation to the defendant.
         (f)  In determining whether to order a defendant's
  participation in a global positioning monitoring system under
  Subsection (b) [this article], the magistrate shall consider the
  likelihood that the defendant's participation will deter the
  defendant from seeking to kill, physically injure, stalk, or
  otherwise threaten the alleged victim before trial.
         (h)  If the magistrate determines that a defendant is
  indigent, the magistrate may, based on a sliding scale established
  by local rule, require the defendant to pay a reimbursement fee
  under Subsection (b)(2) or (3) or (b-1) in an amount that is less
  than the full amount of the costs associated with operating the
  global positioning monitoring system in relation to the defendant
  or providing the victim with an electronic receptor device.
         (j)  A magistrate who [that] imposes a condition requiring
  the carrying or wearing of a global positioning monitoring system
  device [described by Subsection (b)(1) or (2)] shall order the
  entity that operates the global positioning monitoring system to
  notify the court and the appropriate local law enforcement agency
  if a defendant violates a condition of bond imposed under this
  article.
         (k)  A magistrate who [that] imposes a condition described by
  Subsection (b) or (b-1) may only allow or require the defendant to
  execute or be released under a type of bond that is authorized by
  this chapter.
         SECTION 3.  The change in law made by this Act applies only
  to a person who is arrested on or after the effective date of this
  Act.  A person arrested before the effective date of this Act is
  governed by the law in effect on the date the person was arrested,
  and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2023.