Bill Text: TX HB1029 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the conditions of release on bond for certain defendants charged with the offense of burglary.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-03 - Referred to Criminal Justice [HB1029 Detail]
Download: Texas-2011-HB1029-Engrossed.html
82R18789 AJZ-D | ||
By: Carter | H.B. No. 1029 |
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relating to the conditions of release on bond for certain | ||
defendants charged with the offense of burglary. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.154 to read as follows: | ||
Art. 17.154. DENIAL OF PERSONAL BOND FOR VIOLATION OF | ||
CONDITION OF BOND IN BURGLARY CASE. A defendant charged with an | ||
offense under Section 30.02 or 30.04, Penal Code, who is released on | ||
personal bond and violates a condition of bond set under Article | ||
17.442 and whose bail in the case is revoked for the violation shall | ||
be taken into custody and denied further release on personal bond | ||
pending trial. The defendant may be released on depositing current | ||
money of the United States with the custodian of funds of the court | ||
in which the prosecution is pending, or on obtaining a surety bond, | ||
in the amount of the new bond as set by the court. | ||
SECTION 2. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.442 to read as follows: | ||
Art. 17.442. CONDITIONS REQUIRING ELECTRONIC MONITORING. | ||
(a) In this article, "global positioning monitoring system" means a | ||
system that electronically determines and reports the location of | ||
an individual through the use of a transmitter or similar device | ||
carried or worn by the individual that transmits latitude and | ||
longitude data to a monitoring entity through global positioning | ||
satellite technology. | ||
(b) If a magistrate finds that a defendant charged with an | ||
offense under Section 30.02 or 30.04, Penal Code, has been | ||
previously convicted two or more times of an offense under either of | ||
those sections, the magistrate shall require as a condition of bond | ||
that the defendant submit to electronic monitoring by a global | ||
positioning monitoring system under the supervision of an agency | ||
designated by the magistrate. The magistrate shall require the | ||
defendant to directly pay the cost of the electronic monitoring as a | ||
condition of bond, unless the court finds that the defendant is | ||
indigent and enters its findings on record. | ||
SECTION 3. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |