Bill Text: TX HB1005 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the requisites of a bail bond given by certain defendants and to conditions of release on bond for certain defendants.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-04 - Effective on 9/1/21 [HB1005 Detail]

Download: Texas-2021-HB1005-Enrolled.html
 
 
  H.B. No. 1005
 
 
 
 
AN ACT
  relating to the requisites of a bail bond given by certain
  defendants and to conditions of release on bond for certain
  defendants.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.081 to read as follows:
         Art. 17.081.  ADDITIONAL REQUISITES OF BAIL BOND GIVEN BY
  CERTAIN DEFENDANTS. In addition to the requirements of Article
  17.08, a bail bond for a defendant charged with an offense under
  Section 20A.02, 20A.03, 43.02, 43.03, 43.031, 43.04, 43.041, or
  43.05, Penal Code, must include the address, identification number,
  and state of issuance as shown on a valid driver's license or
  identification card for the defendant and any surety, including any
  agent executing the bail bond on behalf of a corporation acting as
  surety.
         SECTION 2.  Article 17.41(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  This article applies to a defendant charged with an
  offense under any of the following provisions of the Penal Code, if
  committed against a child younger than 18 [14] years of age:
               (1)  Chapter 20A (Trafficking of Persons), 21 (Sexual
  Offenses), [or] 22 (Assaultive Offenses), or 43 (Public Indecency);
  or
               (2)  Section 25.02 (Prohibited Sexual Conduct) [; or
               [(3) Section 43.25 (Sexual Performance by a Child)].
         SECTION 3.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.465 to read as follows:
         Art. 17.465.  CONDITIONS FOR DEFENDANT CHARGED WITH CERTAIN
  TRAFFICKING OR PROSTITUTION RELATED OFFENSES INVOLVING ADULT
  VICTIMS. (a) This article does not apply with respect to a
  defendant to whom Article 17.41 applies.
         (b)  A magistrate shall require as a condition of release on
  bond that a defendant charged with an offense under Section 20A.02,
  20A.03, 43.03, 43.031, 43.04, 43.041, or 43.05, Penal Code,
  committed against a person 18 years of age or older may not:
               (1)  communicate directly or indirectly with the
  victim; or
               (2)  go to or near:
                     (A)  the residence, place of employment, or
  business of the victim; or
                     (B)  if applicable, a school, day-care facility,
  or similar facility where a dependent child of the victim is in
  attendance.
         (c)  The magistrate shall specifically describe the
  prohibited locations under Subsection (b)(2) and the minimum
  distances, if any, that the defendant must maintain from the
  locations.
         (d)  At a hearing limited to determining whether the
  defendant violated a condition of bond imposed under Subsection
  (b), the magistrate may revoke the defendant's bond only if the
  magistrate finds by a preponderance of the evidence that the
  violation occurred.  If the magistrate finds that the violation
  occurred, the magistrate shall revoke the defendant's bond and
  order that the defendant be immediately returned to custody.  Once
  the defendant is placed in custody, the revocation of the
  defendant's bond discharges the sureties on the bond, if any, from
  any future liability on the bond.  A discharge under this subsection
  from any future liability on the bond does not discharge any surety
  from liability for previous forfeitures on the bond.
         SECTION 4.  Article 17.081, Code of Criminal Procedure, as
  added by this Act, applies only to a bail bond that is executed on or
  after the effective date of this Act. A bail bond executed before
  the effective date of this Act is governed by the law in effect on
  the date the bail bond was executed, and the former law is continued
  in effect for that purpose.
         SECTION 5.  Article 17.41(a), Code of Criminal Procedure, as
  amended by this Act, and Article 17.465, Code of Criminal
  Procedure, as added by this Act, apply 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 6.  This Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1005 was passed by the House on April
  27, 2021, by the following vote:  Yeas 141, Nays 5, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1005 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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