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A BILL TO BE ENTITLED
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AN ACT
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related to monitoring domestic violence offenders through advanced |
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tracking systems to enhance victim safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Sharon Radebaugh |
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Domestic Violence Protection Act |
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SECTION 2. FINDINGS AND PURPOSE (a) The Legislature finds |
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that domestic violence remains a critical issue affecting the |
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safety and well-being of Texas residents. One in four women and one |
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in seven men in the United States experience domestic violence. (b) |
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The purpose of this Act is to strengthen the monitoring of domestic |
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violence offenders, implement GPS tracking systems for high-risk |
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offenders, enhance victim safety, and prevent further abuse. |
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SECTION 3. AMENDMENT TO TEXAS CODE OF CRIMINAL PROCEDURE |
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(a) Chapter 17, Code of Criminal Procedure, is amended by adding |
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Article 17.2925 as follows: |
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Art. 17.2925. ELECTRONIC MONITORING OF HIGH-RISK DOMESTIC |
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VIOLENCE OFFENDERS (1) A court shall require any individual |
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released on bond for an offense involving family violence, as |
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defined under Section 71.004, Family Code, to be monitored by a GPS |
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tracking device if the court determines the defendant poses a |
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continuing threat to the victim. (2) High-risk offenders shall be |
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defined as those with a history of violent behavior, use of |
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firearms, prior violations of protective orders, or threats of harm |
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to the victim. (3) The electronic monitoring system must provide |
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real-time tracking and include automatic alerts to the victim, law |
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enforcement, and a designated monitoring center if the offender |
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enters a prohibited zone established by the court. (4) The offender |
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shall bear the cost of the electronic monitoring system unless the |
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court determines that the offender is indigent, in which case a |
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state-funded victim assistance program shall cover the cost. |
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SECTION 4. AMENDMENT TO TEXAS FAMILY CODE (a) Section |
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85.022, Family Code, is amended by adding Subsection (d): |
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(d) The court issuing a protective order under this section shall |
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require the respondent to wear a GPS tracking device for the |
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duration of the order if the respondent has been convicted of |
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domestic violence within the past five years or is deemed by the |
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court to pose a significant risk to the victim. The respondent shall |
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be prohibited from entering exclusion zones established in the |
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order, including the victim's home, workplace, or school. |
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SECTION 5. VICTIM NOTIFICATION AND PROTECTIONS (a) Victims |
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shall be notified through an electronic device (e.g., smartphone |
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app, text message, or email) when an offender breaches an exclusion |
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zone or violates the terms of a protection order. (b) The Department |
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of Public Safety (DPS) shall establish a victim assistance program |
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to provide immediate resources to victims notified of an offender's |
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violation, including emergency shelters and direct communication |
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with law enforcement. (c) The identity and location of the victim |
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shall remain confidential, and no information shall be provided to |
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the offender regarding the victim's whereabouts unless legally |
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required. |
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SECTION 6. ESTABLISHMENT OF THE DOMESTIC VIOLENCE |
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MONITORING PROGRAM (a) The DPS shall establish a Domestic Violence |
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Monitoring Program to: (1) Oversee compliance with electronic |
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monitoring requirements; (2) Ensure coordination between local law |
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enforcement and victim services; (3) Maintain a database of |
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domestic violence offenders subject to electronic monitoring; (4) |
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Provide annual reports to the Legislature on the effectiveness of |
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electronic monitoring in reducing repeat offenses. |
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SECTION 7. FUNDING (a) The Legislature shall appropriate |
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necessary funds to support the implementation of this Act, |
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including costs associated with GPS monitoring, law enforcement |
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training, and victim assistance services. (b) Fees may be assessed |
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to offenders to offset the cost of monitoring equipment. In cases of |
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financial hardship, the state shall ensure access to monitoring for |
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all victims in need. |
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SECTION 8. ENFORCEMENT AND PENALTIES (a) Any offender who |
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removes, tampers with, or disables a GPS tracking device shall be |
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subject to immediate arrest and revocation of bond or parole. (b) |
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Law enforcement agencies must respond immediately to GPS violation |
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alerts and take appropriate action to protect the victim. |
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SECTION 9. EFFECTIVE DATE This Act takes effect September |
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1, 2025. |