Bill Text: TX HB1005 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
87R3397 MAW-D | ||
By: Leman | H.B. No. 1005 |
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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 [ |
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(1) Chapter 20A (Trafficking of Persons), 21 (Sexual | ||
Offenses), [ |
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or | ||
(2) Section 25.02 (Prohibited Sexual Conduct) [ |
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[ |
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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. (a) 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, 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. | ||
(b) The magistrate shall specifically describe the | ||
prohibited locations under Subsection (a)(2) and the minimum | ||
distances, if any, that the defendant must maintain from the | ||
locations. | ||
(c) At a hearing limited to determining whether the | ||
defendant violated a condition of bond imposed under Subsection | ||
(a), 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. |