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: Bipartisan Bill

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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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