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A BILL TO BE ENTITLED
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AN ACT
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relating to the conditions of release on bond for certain |
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defendants charged with the offense of burglary. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.154 to read as follows: |
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Art. 17.154. DENIAL OF PERSONAL BOND FOR VIOLATION OF |
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CONDITION OF BOND IN BURGLARY CASE. A defendant charged with an |
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offense under Section 30.02 or 30.04, Penal Code, who is released on |
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personal bond and violates a condition of bond set under Article |
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17.442 and whose bail in the case is revoked for the violation shall |
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be taken into custody and denied further release on personal bond |
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pending trial. The defendant may be released on depositing current |
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money of the United States with the custodian of funds of the court |
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in which the prosecution is pending, or on obtaining a surety bond, |
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in the amount of the new bond as set by the court. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.442 to read as follows: |
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Art. 17.442. CONDITIONS REQUIRING ELECTRONIC MONITORING. |
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(a) In this article, "global positioning monitoring system" means a |
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system that electronically determines and reports the location of |
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an individual through the use of a transmitter or similar device |
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carried or worn by the individual that transmits latitude and |
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longitude data to a monitoring entity through global positioning |
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satellite technology. |
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(b) If a magistrate finds that a defendant charged with an |
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offense under Section 30.02 or 30.04, Penal Code, has been |
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previously convicted two or more times of an offense under either of |
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those sections, the magistrate shall require as a condition of bond |
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that the defendant submit to electronic monitoring by a global |
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positioning monitoring system under the supervision of an agency |
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designated by the magistrate. The magistrate shall require the |
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defendant to directly pay the cost of the electronic monitoring as a |
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condition of bond, unless the court finds that the defendant is |
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indigent and enters its findings on record. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |