|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the release of defendants on bail, the duties of a |
|
magistrate in certain criminal proceedings, and the appointment of |
|
certain criminal law hearing officers; creating a criminal offense. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Articles 14.03(a) and (b), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) Any peace officer may arrest, without warrant: |
|
(1) persons found in suspicious places and under |
|
circumstances which reasonably show that such persons have been |
|
guilty of some felony, violation of Title 9, Chapter 42, Penal Code, |
|
breach of the peace, or offense under Section 49.02, Penal Code, or |
|
threaten, or are about to commit some offense against the laws; |
|
(2) persons who the peace officer has probable cause |
|
to believe have committed an assault resulting in bodily injury to |
|
another person and the peace officer has probable cause to believe |
|
that there is danger of further bodily injury to that person; |
|
(3) persons who the peace officer has probable cause |
|
to believe have committed an offense defined by Section 25.07 or |
|
38.112, Penal Code, if the offense is not committed in the presence |
|
of the peace officer; |
|
(4) persons who the peace officer has probable cause |
|
to believe have committed an offense involving family violence; |
|
(5) persons who the peace officer has probable cause |
|
to believe have prevented or interfered with an individual's |
|
ability to place a telephone call in an emergency, as defined by |
|
Section 42.062(d), Penal Code, if the offense is not committed in |
|
the presence of the peace officer; or |
|
(6) a person who makes a statement to the peace officer |
|
that would be admissible against the person under Article 38.21 and |
|
establishes probable cause to believe that the person has committed |
|
a felony. |
|
(b) A peace officer shall arrest, without a warrant, a |
|
person the peace officer has probable cause to believe has |
|
committed an offense under Section 25.07 or 38.112, Penal Code, if |
|
the offense is committed in the presence of the peace officer. |
|
SECTION 2. Article 15.17, Code of Criminal Procedure, is |
|
amended by adding Subsection (h) to read as follows: |
|
(h) If a magistrate determines that no probable cause exists |
|
to believe that the person committed the offense for which the |
|
person was arrested, the magistrate shall make oral or written |
|
findings of fact and conclusions of law on the record to support |
|
that finding. |
|
SECTION 3. Article 17.021, Code of Criminal Procedure, is |
|
amended by adding Subsection (h) to read as follows: |
|
(h) The office shall, without cost to the county, allow a |
|
county to integrate with the public safety report system the jail |
|
records management system and case management system used by the |
|
county. |
|
SECTION 4. Article 17.022, Code of Criminal Procedure, is |
|
amended by adding Subsection (g) to read as follows: |
|
(g) In the manner described by this article, a magistrate |
|
may order, prepare, or consider a public safety report in setting |
|
bail for a defendant who is not in custody at the time the report is |
|
ordered, prepared, or considered. |
|
SECTION 5. The heading to Article 17.027, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH |
|
FELONY OFFENSE [COMMITTED WHILE ON BAIL]. |
|
SECTION 6. Article 17.027, Code of Criminal Procedure, is |
|
amended by amending Subsection (a) and adding Subsections (a-1), |
|
(c), and (d) to read as follows: |
|
(a) Notwithstanding any other law: |
|
(1) if a defendant is charged with committing an |
|
offense punishable as a felony while released on bail in a pending |
|
case for another offense punishable as a felony and the subsequent |
|
offense was committed in the same county as the previous offense, |
|
the defendant may be released on bail only by: |
|
(A) the court before whom the case for the |
|
previous offense is pending; or |
|
(B) another court designated in writing by the |
|
court described by Paragraph (A); and |
|
(2) if a defendant is charged with committing an |
|
offense punishable as a felony while released on bail for another |
|
pending offense punishable as a felony and the subsequent offense |
|
was committed in a different county than the previous offense, |
|
electronic notice of the charge must be [promptly] given to the |
|
individual designated to receive electronic notices for the county |
|
in which the previous offense was committed, not later than the next |
|
business day after the date the defendant is charged, for purposes |
|
of the court specified by Subdivision (1) [for purposes of] |
|
reevaluating the bail decision, determining whether any bail |
|
conditions were violated, or taking any other applicable action. |
|
(a-1) A criminal law hearing officer appointed under |
|
Chapter 54, Government Code, may not release on bail a defendant |
|
who: |
|
(1) is charged with committing an offense punishable |
|
as a felony if the defendant: |
|
(A) was on parole at the time of the offense; |
|
(B) has previously been finally convicted of two |
|
or more offenses punishable as a felony and for which the defendant |
|
was imprisoned in the Texas Department of Criminal Justice; or |
|
(C) is subject to an immigration detainer issued |
|
by United States Immigration and Customs Enforcement; or |
|
(2) is charged with committing an offense under the |
|
following provisions of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 20.04 (aggravated kidnapping); |
|
(D) Section 22.02 (aggravated assault); or |
|
(E) Section 22.021 (aggravated sexual assault). |
|
(c) Each county shall designate an individual to receive |
|
electronic notices under Subsection (a)(2). The county shall |
|
ensure that the name and contact information of the individual |
|
designated to receive notices under this subsection is provided on |
|
all criminal history and warrant documents issued by the county. |
|
(d) An individual designated under Subsection (c) who |
|
receives an electronic notice under Subsection (a) shall promptly |
|
provide the notice to the court specified by Subsection (a)(1) and |
|
to the attorney representing the state in the pending case for the |
|
offense for which the defendant was initially released on bail. A |
|
notice provided under this subsection does not constitute an ex |
|
parte communication. |
|
SECTION 7. Article 17.03(b-2), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(b-2) Except as provided by Articles 15.21, 17.033, and |
|
17.151, a defendant may not be released on personal bond if the |
|
defendant: |
|
(1) is charged with: |
|
(A) an offense involving violence; or |
|
(B) an offense under: |
|
(i) Section 481.1123, Health and Safety |
|
Code (manufacture or delivery of substance in Penalty Group 1-B); |
|
(ii) Section 22.07, Penal Code (terroristic |
|
threat); |
|
(iii) Section 25.07, Penal Code (violation |
|
of certain court orders in family violence and certain other |
|
cases); |
|
(iv) Section 38.112, Penal Code (violation |
|
of bond condition); or |
|
(v) Section 46.04(a), Penal Code (unlawful |
|
possession of firearm); or |
|
(2) while released on bail or community supervision |
|
for an offense involving violence, is charged with committing: |
|
(A) any offense punishable as a felony; or |
|
(B) an offense under the following provisions of |
|
the Penal Code: |
|
(i) Section 22.01(a)(1) (assault); |
|
(ii) Section 22.05 (deadly conduct); or |
|
(iii) [Section 22.07 (terroristic threat); |
|
or |
|
[(iv)] Section 42.01(a)(7) or (8) |
|
(disorderly conduct involving firearm). |
|
SECTION 8. Article 17.03(b-3)(2), Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(2) "Offense involving violence" means an offense |
|
under the following provisions of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 20.03 (kidnapping); |
|
(D) Section 20.04 (aggravated kidnapping); |
|
(E) Section 20A.02 (trafficking of persons); |
|
(F) Section 20A.03 (continuous trafficking of |
|
persons); |
|
(G) Section 21.02 (continuous sexual abuse of |
|
young child or disabled individual); |
|
(H) Section 21.11 (indecency with a child); |
|
(I) Section 22.01(a)(1) (assault), if the |
|
offense is: |
|
(i) punishable as a felony of the second |
|
degree under Subsection (b-2) of that section; or |
|
(ii) punishable as a felony and involved |
|
family violence as defined by Section 71.004, Family Code; |
|
(J) Section 22.011 (sexual assault); |
|
(K) Section 22.02 (aggravated assault); |
|
(L) Section 22.021 (aggravated sexual assault); |
|
(M) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(N) Section 25.072 (repeated violation of |
|
certain court orders [or conditions of bond] in family violence and |
|
certain other cases [, child abuse or neglect, sexual assault or |
|
abuse, indecent assault, stalking, or trafficking case]); |
|
(O) Section 25.11 (continuous violence against |
|
the family); |
|
(P) Section 29.03 (aggravated robbery); |
|
(Q) Section 38.14 (taking or attempting to take |
|
weapon from peace officer, federal special investigator, employee |
|
or official of correctional facility, parole officer, community |
|
supervision and corrections department officer, or commissioned |
|
security officer); |
|
(R) Section 43.04 (aggravated promotion of |
|
prostitution), if the defendant is not alleged to have engaged in |
|
conduct constituting an offense under Section 43.02(a); |
|
(S) Section 43.05 (compelling prostitution); or |
|
(T) Section 43.25 (sexual performance by a |
|
child). |
|
SECTION 9. Articles 17.152(b), (c), (d), and (f), Code of |
|
Criminal Procedure, are amended to read as follows: |
|
(b) A [Except as otherwise provided by Subsection (d), a] |
|
person who commits an offense under Section 38.112 [25.07], Penal |
|
Code, related to a violation of a condition of bond set in a family |
|
violence case and whose bail in the case under Section 38.112 |
|
[25.07], Penal Code, or in the family violence case is revoked or |
|
forfeited for a violation of a condition of bond may be taken into |
|
custody and, pending trial or other court proceedings, denied |
|
release on bail if following a hearing a judge or magistrate |
|
determines by a preponderance of the evidence that the person |
|
violated a condition of bond related to: |
|
(1) the safety of the victim of the offense under |
|
Section 38.112 [25.07], Penal Code, or the family violence case, as |
|
applicable; or |
|
(2) the safety of the community. |
|
(c) Except as otherwise provided by Subsection (d), a person |
|
who commits an offense under Section 25.07, Penal Code, or an |
|
offense under Section 38.112, Penal Code, other than an offense |
|
related to a violation of a condition of bond set in a family |
|
violence case, may be taken into custody and, pending trial or other |
|
court proceedings, denied release on bail if following a hearing a |
|
judge or magistrate determines by a preponderance of the evidence |
|
that the person committed the offense. |
|
(d) A person who commits an offense under Section |
|
25.07(a)(3), Penal Code, may be held without bail under Subsection |
|
[(b) or] (c)[, as applicable,] only if following a hearing the judge |
|
or magistrate determines by a preponderance of the evidence that |
|
the person went to or near the place described in the order [or |
|
condition of bond] with the intent to commit or threaten to commit: |
|
(1) family violence; or |
|
(2) an act in furtherance of an offense under Section |
|
42.072, Penal Code. |
|
(f) A person arrested for committing an offense under |
|
Section 25.07 or 38.112, Penal Code, shall without unnecessary |
|
delay and after reasonable notice is given to the attorney |
|
representing the state, but not later than 48 hours after the person |
|
is arrested, be taken before a magistrate in accordance with |
|
Article 15.17. At that time, the magistrate shall conduct the |
|
hearing and make the determination required by this article. |
|
SECTION 10. Article 17.21, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when |
|
the accused is in custody of the sheriff or other officer, and the |
|
court before which the prosecution is pending is in session in the |
|
county where the accused is in custody, the court shall fix the |
|
amount of bail, if it is a bailable case and determine if the |
|
accused is eligible for a personal bond; and the sheriff or other |
|
peace officer, unless it be the police of a city, or a jailer |
|
licensed under Chapter 1701, Occupations Code, is authorized to |
|
take a bail bond of the accused in the amount as fixed by the court, |
|
to be approved by such officer taking the same, and will thereupon |
|
discharge the accused from custody. The defendant and the |
|
defendant's sureties are not required to appear in court. |
|
(b) Notwithstanding Subsection (a), a magistrate may not |
|
release on bail a defendant charged with an offense punishable as a |
|
felony unless: |
|
(1) the defendant has appeared before the magistrate; |
|
and |
|
(2) the magistrate has considered the public safety |
|
report prepared under Article 17.022 for the defendant. |
|
SECTION 11. Articles 44.01(a) and (g), Code of Criminal |
|
Procedure, are amended to read as follows: |
|
(a) The state is entitled to appeal an order of a court in a |
|
criminal case if the order: |
|
(1) dismisses an indictment, information, or |
|
complaint or any portion of an indictment, information, or |
|
complaint; |
|
(2) arrests or modifies a judgment; |
|
(3) grants a new trial; |
|
(4) sustains a claim of former jeopardy; |
|
(5) grants a motion to suppress evidence, a |
|
confession, or an admission, if jeopardy has not attached in the |
|
case and if the prosecuting attorney certifies to the trial court |
|
that the appeal is not taken for the purpose of delay and that the |
|
evidence, confession, or admission is of substantial importance in |
|
the case; [or] |
|
(6) is issued under Chapter 64; or |
|
(7) grants bail, in an amount considered insufficient |
|
by the attorney representing the state, to a defendant who: |
|
(A) is charged with an offense punishable as a |
|
felony; and |
|
(B) has previously been granted bail for an |
|
offense punishable as a felony. |
|
(g) If the state appeals pursuant to this article and the |
|
defendant is on bail, the defendant [he] shall be permitted to |
|
remain at large on the existing bail. If the defendant is in |
|
custody, the defendant [he] is entitled to reasonable bail, as |
|
provided by law, unless the appeal is from an order which would: |
|
(1) terminate the prosecution, in which event the |
|
defendant is entitled to release on personal bond; or |
|
(2) grant bail in an amount considered insufficient by |
|
the attorney representing the state, in which event the defendant |
|
shall be held in custody during the pendency of the appeal. |
|
SECTION 12. Section 25.0172(c-1), Government Code, is |
|
amended to read as follows: |
|
(c-1) The County Courts at Law Nos. 7 and 13 of Bexar County, |
|
Texas, shall give preference to cases prosecuted under: |
|
(1) Section 22.01, Penal Code, in which the victim is a |
|
person whose relationship to or association with the defendant is |
|
described by Chapter 71, Family Code; [and] |
|
(2) Section 25.07 or 25.072, Penal Code; and |
|
(3) Section 38.112, Penal Code, if the person violated |
|
a condition of bond set in a case involving family violence, as |
|
defined by Section 71.004, Family Code, or involving an offense |
|
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, |
|
or 42.072, Penal Code. |
|
SECTION 13. Section 25.0732(z), Government Code, is amended |
|
to read as follows: |
|
(z) The County Criminal Courts No. 1, No. 2, No. 3, and No. 4 |
|
have the criminal jurisdiction provided by this section and other |
|
law for statutory county courts in El Paso County and appellate |
|
jurisdiction in appeals of criminal cases from justice courts and |
|
municipal courts in the county as provided by Article 45.042, Code |
|
of Criminal Procedure. The County Criminal Court No. 4 shall give |
|
preference to cases prosecuted under: |
|
(1) Section 22.01, Penal Code, in which the victim is a |
|
person whose relationship to or association with the defendant is |
|
described under Chapter 71, Family Code; [and] |
|
(2) Section 25.07, Penal Code; and |
|
(3) Section 38.112, Penal Code, if the person violated |
|
a condition of bond set in a case involving family violence, as |
|
defined by Section 71.004, Family Code, or involving an offense |
|
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, |
|
or 42.072, Penal Code. |
|
SECTION 14. Section 25.2223(l), Government Code, is amended |
|
to read as follows: |
|
(l) The County Criminal Court No. 5 of Tarrant County and |
|
the County Criminal Court No. 6 of Tarrant County shall give |
|
preference to cases brought under: |
|
(1) Title 5, Penal Code, involving family violence as |
|
defined by Section 71.004, Family Code; |
|
(2) [, and cases brought under] Sections 25.07, |
|
25.072, and 42.072, Penal Code; and |
|
(3) Section 38.112, Penal Code, if the person violated |
|
a condition of bond set in a case involving family violence, as |
|
defined by Section 71.004, Family Code, or involving an offense |
|
under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.012, 22.021, |
|
or 42.072, Penal Code. |
|
SECTION 15. Section 54.852, Government Code, is amended by |
|
amending Subsections (a), (b), and (c) and adding Subsections (a-1) |
|
and (b-1) to read as follows: |
|
(a) A board composed of three judges of the district courts |
|
of Harris County trying criminal cases, three judges of the county |
|
criminal courts at law, and three justices of the peace in Harris |
|
County may appoint criminal law hearing officers[, with the consent |
|
and approval of the commissioners court,] to perform the duties |
|
authorized by this subchapter if: |
|
(1) the presiding judge of the administrative judicial |
|
region that includes Harris County approves the appointment; and |
|
(2) the county auditor certifies that the expenses |
|
incurred by the appointment will not exceed the applicable budget |
|
appropriation. |
|
(a-1) A quorum is two-thirds of the members of the board. |
|
(b) The board shall ensure that the criminal law hearing |
|
officers appointed under this subchapter are: |
|
(1) representative of the race, sex, national origin, |
|
and ethnicity of the population of Harris County; and |
|
(2) certified in criminal law by the Texas Board of |
|
Legal Specialization. |
|
(b-1) The board is subject to Chapter 551, Government Code. |
|
(c) A criminal law hearing officer serves a one-year term |
|
and may be reappointed at the end of a term [continues to serve |
|
until a successor is appointed]. |
|
SECTION 16. Section 72.038, Government Code, is amended by |
|
adding Subsection (b-1) to read as follows: |
|
(b-1) A person who releases a defendant on bail under the |
|
authority of a standing order related to bail shall complete the |
|
form required under this section. |
|
SECTION 17. Section 411.074(b), Government Code, is amended |
|
to read as follows: |
|
(b) A person may not be granted an order of nondisclosure of |
|
criminal history record information under this subchapter and is |
|
not entitled to petition the court for an order of nondisclosure |
|
under this subchapter if: |
|
(1) the person requests the order of nondisclosure |
|
for, or the person has been previously convicted of or placed on |
|
deferred adjudication community supervision for: |
|
(A) an offense requiring registration as a sex |
|
offender under Chapter 62, Code of Criminal Procedure; |
|
(B) an offense under Section 20.04, Penal Code, |
|
regardless of whether the offense is a reportable conviction or |
|
adjudication for purposes of Chapter 62, Code of Criminal |
|
Procedure; |
|
(C) an offense under Section 19.02, 19.03, |
|
20A.02, 20A.03, 22.04, 22.041, 25.07, 25.072, 38.112, or 42.072, |
|
Penal Code; or |
|
(D) any other offense involving family violence, |
|
as defined by Section 71.004, Family Code; or |
|
(2) the court makes an affirmative finding that the |
|
offense for which the order of nondisclosure is requested involved |
|
family violence, as defined by Section 71.004, Family Code. |
|
SECTION 18. Section 411.1711, Government Code, is amended |
|
to read as follows: |
|
Sec. 411.1711. CERTAIN EXEMPTIONS FROM CONVICTIONS. A |
|
person is not convicted, as that term is defined by Section 411.171, |
|
if an order of deferred adjudication was entered against the person |
|
on a date not less than 10 years preceding the date of the person's |
|
application for a license under this subchapter unless the order of |
|
deferred adjudication was entered against the person for: |
|
(1) a felony offense under: |
|
(A) Title 5, Penal Code; |
|
(B) Chapter 29, Penal Code; |
|
(C) Section 25.07, [or] 25.072, or 38.112, Penal |
|
Code; or |
|
(D) Section 30.02, Penal Code, if the offense is |
|
punishable under Subsection (c)(2) or (d) of that section; or |
|
(2) an offense under the laws of another state if the |
|
offense contains elements that are substantially similar to the |
|
elements of an offense listed in Subdivision (1). |
|
SECTION 19. Section 164.057(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board shall suspend a physician's license on proof |
|
that the physician has been: |
|
(1) initially convicted of: |
|
(A) a felony; |
|
(B) a misdemeanor under Chapter 22, Penal Code, |
|
other than a misdemeanor punishable by fine only; |
|
(C) a misdemeanor on conviction of which a |
|
defendant is required to register as a sex offender under Chapter |
|
62, Code of Criminal Procedure; |
|
(D) a misdemeanor under Section 25.07, Penal |
|
Code; [or] |
|
(E) a misdemeanor under Section 25.071, Penal |
|
Code; or |
|
(F) a misdemeanor under Section 38.112, Penal |
|
Code; or |
|
(2) subject to an initial finding by the trier of fact |
|
of guilt of a felony under: |
|
(A) Chapter 481 or 483, Health and Safety Code; |
|
(B) Section 485.033, Health and Safety Code; or |
|
(C) the Comprehensive Drug Abuse Prevention and |
|
Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
|
SECTION 20. Section 201.5065(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board shall suspend a chiropractor's license on |
|
proof that the chiropractor has been: |
|
(1) initially convicted of: |
|
(A) a felony; |
|
(B) a misdemeanor under Chapter 22, Penal Code, |
|
other than a misdemeanor punishable by fine only; |
|
(C) a misdemeanor on conviction of which a |
|
defendant is required to register as a sex offender under Chapter |
|
62, Code of Criminal Procedure; |
|
(D) a misdemeanor under Section 25.07, Penal |
|
Code; [or] |
|
(E) a misdemeanor under Section 25.071, Penal |
|
Code; or |
|
(F) a misdemeanor under Section 38.112, Penal |
|
Code; or |
|
(2) subject to an initial finding by the trier of fact |
|
of guilt of a felony under: |
|
(A) Chapter 481 or 483, Health and Safety Code; |
|
(B) Section 485.033, Health and Safety Code; or |
|
(C) the Comprehensive Drug Abuse Prevention and |
|
Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
|
SECTION 21. Section 263.006(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board shall suspend a license holder's license |
|
issued under this subtitle on proof that the person has been: |
|
(1) initially convicted of: |
|
(A) a felony; |
|
(B) a misdemeanor under Chapter 22, Penal Code, |
|
other than a misdemeanor punishable by fine only; |
|
(C) a misdemeanor on conviction of which a |
|
defendant is required to register as a sex offender under Chapter |
|
62, Code of Criminal Procedure; |
|
(D) a misdemeanor under Section 25.07, Penal |
|
Code; [or] |
|
(E) a misdemeanor under Section 25.071, Penal |
|
Code; or |
|
(F) a misdemeanor under Section 38.112, Penal |
|
Code; or |
|
(2) subject to an initial finding by the trier of fact |
|
of guilt of a felony under: |
|
(A) Chapter 481 or 483, Health and Safety Code; |
|
(B) Section 485.033, Health and Safety Code; or |
|
(C) the Comprehensive Drug Abuse Prevention and |
|
Control Act of 1970 (21 U.S.C. Section 801 et seq.). |
|
SECTION 22. Section 301.4535(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The board shall suspend a nurse's license or refuse to |
|
issue a license to an applicant on proof that the nurse or applicant |
|
has been initially convicted of: |
|
(1) murder under Section 19.02, Penal Code, capital |
|
murder under Section 19.03, Penal Code, or manslaughter under |
|
Section 19.04, Penal Code; |
|
(2) kidnapping or unlawful restraint under Chapter 20, |
|
Penal Code, and the offense was punished as a felony or state jail |
|
felony; |
|
(3) sexual assault under Section 22.011, Penal Code; |
|
(4) aggravated sexual assault under Section 22.021, |
|
Penal Code; |
|
(5) continuous sexual abuse of young child or disabled |
|
individual under Section 21.02, Penal Code, or indecency with a |
|
child under Section 21.11, Penal Code; |
|
(6) aggravated assault under Section 22.02, Penal |
|
Code; |
|
(7) intentionally, knowingly, or recklessly injuring |
|
a child, elderly individual, or disabled individual under Section |
|
22.04, Penal Code; |
|
(8) intentionally, knowingly, or recklessly |
|
abandoning or endangering a child under Section 22.041, Penal Code; |
|
(9) aiding suicide under Section 22.08, Penal Code, |
|
and the offense was punished as a state jail felony; |
|
(10) an offense involving a violation of certain court |
|
orders or conditions of bond under Section 25.07, 25.071, [or] |
|
25.072, or 38.112, Penal Code, punished as a felony; |
|
(11) an agreement to abduct a child from custody under |
|
Section 25.031, Penal Code; |
|
(12) the sale or purchase of a child under Section |
|
25.08, Penal Code; |
|
(13) robbery under Section 29.02, Penal Code; |
|
(14) aggravated robbery under Section 29.03, Penal |
|
Code; |
|
(15) an offense for which a defendant is required to |
|
register as a sex offender under Chapter 62, Code of Criminal |
|
Procedure; or |
|
(16) an offense under the law of another state, |
|
federal law, or the Uniform Code of Military Justice that contains |
|
elements that are substantially similar to the elements of an |
|
offense listed in this subsection. |
|
SECTION 23. The heading to Section 25.07, Penal Code, is |
|
amended to read as follows: |
|
Sec. 25.07. VIOLATION OF CERTAIN COURT ORDERS [OR |
|
CONDITIONS OF BOND] IN [A] FAMILY VIOLENCE AND CERTAIN OTHER CASES |
|
[, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT |
|
ASSAULT, STALKING, OR TRAFFICKING CASE]. |
|
SECTION 24. Sections 25.07(a) and (g), Penal Code, are |
|
amended to read as follows: |
|
(a) A person commits an offense if, in violation of [a |
|
condition of bond set in a family violence, sexual assault or abuse, |
|
indecent assault, stalking, or trafficking case and related to the |
|
safety of a victim or the safety of the community,] an order issued |
|
under Subchapter A, Chapter 7B, Code of Criminal Procedure, an |
|
order issued under Article 17.292, Code of Criminal Procedure, an |
|
order issued under Section 6.504, Family Code, Chapter 83, Family |
|
Code, if the temporary ex parte order has been served on the person, |
|
Chapter 85, Family Code, or Subchapter F, Chapter 261, Family Code, |
|
or an order issued by another jurisdiction as provided by Chapter |
|
88, Family Code, the person knowingly or intentionally: |
|
(1) commits family violence or an act in furtherance |
|
of an offense under Section 20A.02, 22.011, 22.012, 22.021, or |
|
42.072; |
|
(2) communicates: |
|
(A) directly with a protected individual or a |
|
member of the family or household in a threatening or harassing |
|
manner; |
|
(B) a threat through any person to a protected |
|
individual or a member of the family or household; or |
|
(C) in any manner with the protected individual |
|
or a member of the family or household except through the person's |
|
attorney or a person appointed by the court, if the applicable |
|
[violation is of an order described by this subsection and the] |
|
order prohibits any communication with a protected individual or a |
|
member of the family or household; |
|
(3) goes to or near any of the following places as |
|
specifically described in the order [or condition of bond]: |
|
(A) the residence or place of employment or |
|
business of a protected individual or a member of the family or |
|
household; or |
|
(B) any child care facility, residence, or school |
|
where a child protected by the order [or condition of bond] normally |
|
resides or attends; |
|
(4) possesses a firearm; |
|
(5) harms, threatens, or interferes with the care, |
|
custody, or control of a pet, companion animal, or assistance |
|
animal that is possessed by a person protected by the order [or |
|
condition of bond]; or |
|
(6) removes, attempts to remove, or otherwise tampers |
|
with the normal functioning of a global positioning monitoring |
|
system. |
|
(g) An offense under this section is a Class A misdemeanor, |
|
except the offense is: |
|
(1) subject to Subdivision (2), a state jail felony if |
|
it is shown at the trial of the offense that the defendant violated |
|
an order issued under Subchapter A, Chapter 7B, Code of Criminal |
|
Procedure, following the defendant's conviction of or placement on |
|
deferred adjudication community supervision for an offense, if the |
|
order was issued with respect to a victim of that offense; or |
|
(2) a felony of the third degree if it is shown on the |
|
trial of the offense that the defendant: |
|
(A) has previously been convicted two or more |
|
times of an offense under this section or two or more times of an |
|
offense under Section 25.072, or has previously been convicted of |
|
an offense under this section and an offense under Section 25.072; |
|
or |
|
(B) has violated the order [or condition of bond] |
|
by committing an assault or the offense of stalking. |
|
SECTION 25. The heading to Section 25.072, Penal Code, is |
|
amended to read as follows: |
|
Sec. 25.072. REPEATED VIOLATION OF CERTAIN COURT ORDERS [OR |
|
CONDITIONS OF BOND] IN FAMILY VIOLENCE AND CERTAIN OTHER CASES [, |
|
CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT OR ABUSE, INDECENT ASSAULT, |
|
STALKING, OR TRAFFICKING CASE]. |
|
SECTION 26. Section 25.072(d), Penal Code, is amended to |
|
read as follows: |
|
(d) A defendant may not be charged with more than one count |
|
under Subsection (a) if all of the specific conduct that is alleged |
|
to have been engaged in is alleged to have been committed in |
|
violation of a single court order [or single setting of bond]. |
|
SECTION 27. Chapter 38, Penal Code, is amended by adding |
|
Section 38.112 to read as follows: |
|
Sec. 38.112. VIOLATION OF BOND CONDITION. (a) A person |
|
commits an offense if the person knowingly violates a condition of |
|
bond. |
|
(b) Except as provided by Subsection (c), an offense under |
|
this section is: |
|
(1) if the person is released on bond for a misdemeanor |
|
offense, a Class A misdemeanor; or |
|
(2) if the person is released on bond for a felony |
|
offense, a felony of the same category as the offense for which the |
|
person is released on bond. |
|
(c) If it is shown at the trial of the offense that the |
|
person violated the condition of bond by possessing a firearm, an |
|
offense under this section is: |
|
(1) a state jail felony if the person is released on |
|
bond for a misdemeanor offense; or |
|
(2) a felony of the second degree if the person is |
|
released on bond for a state jail felony or a felony of the third |
|
degree. |
|
SECTION 28. Sections 25.07(b)(4), (5), (7), and (8), Penal |
|
Code, are repealed. |
|
SECTION 29. The change in law made by this Act applies only |
|
to an offense committed on or after the effective date of this Act. |
|
An offense committed before the effective date of this Act is |
|
governed by the law in effect on the date the offense was committed, |
|
and the former law is continued in effect for that purpose. For |
|
purposes of this section, an offense was committed before the |
|
effective date of this Act if any element of the offense occurred |
|
before that date. |
|
SECTION 30. This Act takes effect September 1, 2023. |