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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring the denial of bail to a person accused of |
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committing certain trafficking or sexual offenses against a child |
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while released on bail for committing a similar 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 17.154 to read as follows: |
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Art. 17.154. DENIAL OF BAIL FOR COMMISSION OF TRAFFICKING |
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OR SEXUAL OFFENSE AGAINST A CHILD WHILE ON BAIL FOR COMMITTING |
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SIMILAR OFFENSE. (a) This article applies to a defendant charged |
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with an offense under any of the following provisions of the Penal |
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Code: |
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(1) Section 20.04(a)(4), if committed against a child |
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younger than 17 years of age and the actor committed the offense |
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with the intent to violate or abuse the victim sexually; |
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(2) Section 20A.02(a)(5), (6), (7), or (8); |
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(3) Section 20A.03, if based partly or wholly on |
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conduct that constitutes an offense described by Subdivision (2); |
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(4) Section 21.02, involving a victim described by |
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Subsection (b)(2)(A) of that section; |
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(5) Section 21.11(a)(1), if the actor committed the |
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offense in a manner other than by touching, including touching |
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through clothing, the breast of a child; |
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(6) Section 22.011(a)(2); |
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(7) Section 22.021, if the actor committed the offense |
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in a manner described by Subsection (a)(1)(B) of that section; |
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(8) Section 30.02, if the offense is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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with the intent to commit an offense described by Subdivision (1), |
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(5), (6), or (7); |
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(9) Section 43.05(a)(2); or |
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(10) Section 43.25. |
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(b) A defendant who is accused of committing an offense |
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described by Subsection (a) while released on bail pending trial |
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for another offense described by Subsection (a), shall be denied |
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bail pending trial if a judge or magistrate, after a hearing, |
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determines by a preponderance of the evidence that the person |
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committed the offense while on bail. |
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(c) A judge or magistrate who grants bail to a defendant |
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charged with an offense described by Subsection (a) shall admonish |
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the defendant that, if the defendant commits another offense |
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described by Subsection (a) while on bail, the defendant shall be |
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denied bail pending trial if a judge or magistrate, following a |
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hearing, determines by a preponderance of the evidence that the |
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person committed the offense while on bail. |
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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 December 1, 2023, but only |
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if the constitutional amendment proposed by the 88th Legislature, |
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Regular Session, 2023, authorizing the legislature to enact laws |
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providing for the denial of bail to a person accused of committing a |
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trafficking or sexual offense against a child while released on |
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bail for committing a similar offense is approved by the voters. If |
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that amendment is not approved by the voters, this Act has no |
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effect. |