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A BILL TO BE ENTITLED
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AN ACT
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relating to personal bond offices, to the notification provided to |
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a judge regarding tampering with an electronic monitoring device |
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while released on bond or community supervision, and to the |
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availability of certain information regarding a person required to |
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submit to an electronic monitoring program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 5(a) and (b), Article 17.42, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A personal bond pretrial release office established |
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under this article shall: |
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(1) prepare a record containing information about any |
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accused person identified by case number only who, after review by |
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the office, is released by a court on personal bond before |
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sentencing in a pending case; |
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(2) update the record on a monthly basis; [and] |
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(3) file a copy of the record with the district or |
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county clerk, as applicable based on court jurisdiction over the |
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categories of offenses addressed in the records, in any county |
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served by the office; and |
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(4) submit a copy of the record to the attorney |
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representing the state and the accused person's attorney and, as |
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applicable based on whether the accused person violated a condition |
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of release on bond in the preceding month, an update to that record. |
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(b) In preparing a record under Subsection (a), the office |
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shall include in the record a statement of: |
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(1) the offense with which the person is charged; |
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(2) the dates of any court appearances scheduled in |
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the matter that were previously unattended by the person; |
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(3) whether a warrant has been issued for the person's |
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arrest for failure to appear in accordance with the terms of the |
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person's release; |
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(4) whether the person has failed to comply with |
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conditions of release on personal bond, including failing to comply |
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by tampering with an electronic monitoring device; and |
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(5) the presiding judge or magistrate who authorized |
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the personal bond. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.431 to read as follows: |
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Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING |
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ELECTRONIC MONITORING DEVICE VIOLATION. Not later than 48 hours |
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after a personal bond office established under Article 17.42 |
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becomes aware that a defendant supervised by the office has |
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violated a condition of release on bond related to an electronic |
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monitoring device, the personal bond office shall notify the court |
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before whom the case is pending of that violation. |
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SECTION 3. Subchapter P, Chapter 42A, Code of Criminal |
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Procedure, is amended by adding Article 42A.7515 to read as |
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follows: |
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Art. 42A.7515. NOTIFICATION BY SUPERVISION OFFICER |
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REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Not later than |
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48 hours after a supervision officer becomes aware that a defendant |
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supervised by the officer has violated a condition of community |
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supervision related to an electronic monitoring device, the |
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supervision officer shall notify the judge of that violation. |
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SECTION 4. Section 21.013(a)(1), Government Code, is |
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amended to read as follows: |
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(1) "Judicial work product" means written, |
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electronic, or oral material prepared or communications made in the |
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course of an adjudicatory proceeding before a court determining |
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legal rights, powers, duties, or privileges. The term includes all |
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drafts of opinions or orders and memoranda of law. The term does |
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not include information related to a person who is required to |
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submit to electronic monitoring of a person's location as part of an |
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electronic monitoring program under Article 42.035, Code of |
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Criminal Procedure, or as a condition of community supervision, |
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parole, mandatory supervision, or release on bail. |
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SECTION 5. Articles 17.431 and 42A.7515, Code of Criminal |
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Procedure, as added by this Act, apply only to a violation of a |
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condition of release on bond or a violation of a condition of |
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community supervision, as applicable, that occurs on or after the |
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effective date of this Act. A violation that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the violation occurred, and the former law is continued in |
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effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2025. |