Bill Text: TX HB1007 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to conditions of release on bond for a defendant charged with certain trafficking or prostitution related offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-04 - Referred to Criminal Jurisprudence [HB1007 Detail]
Download: Texas-2021-HB1007-Introduced.html
| 87R3401 MAW-D | ||
| By: Leman | H.B. No. 1007 | |
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| relating to conditions of release on bond for a defendant charged | ||
| with certain trafficking or prostitution related offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.465 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 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2021. | ||
