Bill Text: TX HB4375 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to authorizing the use of anti-theft electronic monitoring as a condition of community supervision or release on bond.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-29 - Left pending in committee [HB4375 Detail]
Download: Texas-2019-HB4375-Introduced.html
By: Stephenson | H.B. No. 4375 |
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relating to authorizing the use of anti-theft electronic monitoring | ||
as a condition of community supervision or release on bond. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Articles 17.44(a), (b), (c), and (e), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) A magistrate may require as a condition of release on | ||
bond that the defendant submit to: | ||
(1) home confinement and electronic monitoring under | ||
the supervision of an agency designated by the magistrate; [ |
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(2) anti-theft electronic monitoring if the defendant | ||
is charged with an offense under Section 31.03 or 31.16, Penal Code; | ||
or | ||
(3) testing on a weekly basis for the presence of a | ||
controlled substance in the defendant's body. | ||
(b) In this article: | ||
(1) "Anti-theft electronic monitoring" means an | ||
electronic monitoring system that: | ||
(A) uses a device that is worn or carried by a | ||
defendant subject to the electronic monitoring system; | ||
(B) works in conjunction with retail security | ||
technology used in retail stores; and | ||
(C) is capable of notifying a retail store's | ||
security personnel and the monitoring entity when a person subject | ||
to monitoring enters the store. | ||
(2) "Controlled [ |
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meaning assigned by Section 481.002, Health and Safety Code. | ||
(c) The magistrate may revoke the bond and order the | ||
defendant arrested if the defendant: | ||
(1) violates a condition of: | ||
(A) home confinement and electronic monitoring; | ||
or | ||
(B) anti-theft electronic monitoring; | ||
(2) refuses to submit to a test for controlled | ||
substances or submits to a test for controlled substances and the | ||
test indicates the presence of a controlled substance in the | ||
defendant's body; or | ||
(3) fails to pay the costs of monitoring or testing for | ||
controlled substances, if payment is ordered under Subsection (e) | ||
as a condition of bond and the magistrate determines that the | ||
defendant is not indigent and is financially able to make the | ||
payments as ordered. | ||
(e) The cost of electronic monitoring, including anti-theft | ||
electronic monitoring, or testing for controlled substances under | ||
this article may be assessed as court costs or ordered paid directly | ||
by the defendant as a condition of bond. | ||
SECTION 2. Article 42A.301(b), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(b) Conditions of community supervision may include | ||
conditions requiring the defendant to: | ||
(1) commit no offense against the laws of this state or | ||
of any other state or of the United States; | ||
(2) avoid injurious or vicious habits; | ||
(3) avoid persons or places of disreputable or harmful | ||
character, including any person, other than a family member of the | ||
defendant, who is an active member of a criminal street gang; | ||
(4) report to the supervision officer as directed by | ||
the judge or supervision officer and obey all rules and regulations | ||
of the community supervision and corrections department; | ||
(5) permit the supervision officer to visit the | ||
defendant at the defendant's home or elsewhere; | ||
(6) work faithfully at suitable employment to the | ||
extent possible; | ||
(7) remain within a specified place; | ||
(8) pay in one or more amounts: | ||
(A) the defendant's fine, if one is assessed; and | ||
(B) all court costs, regardless of whether a fine | ||
is assessed; | ||
(9) support the defendant's dependents; | ||
(10) participate, for a period specified by the judge, | ||
in any community-based program, including a community service | ||
project under Article 42A.304; | ||
(11) if the judge determines that the defendant has | ||
financial resources that enable the defendant to offset in part or | ||
in whole the costs of the legal services provided to the defendant | ||
in accordance with Article 1.051(c) or (d), including any expenses | ||
and costs, reimburse the county in which the prosecution was | ||
instituted for the costs of the legal services in an amount that the | ||
judge finds the defendant is able to pay, except that the defendant | ||
may not be ordered to pay an amount that exceeds: | ||
(A) the actual costs, including any expenses and | ||
costs, paid by the county for the legal services provided by an | ||
appointed attorney; or | ||
(B) if the defendant was represented by a public | ||
defender's office, the actual amount, including any expenses and | ||
costs, that would have otherwise been paid to an appointed attorney | ||
had the county not had a public defender's office; | ||
(12) if under custodial supervision in a community | ||
corrections facility: | ||
(A) remain under that supervision; | ||
(B) obey all rules and regulations of the | ||
facility; and | ||
(C) pay a percentage of the defendant's income | ||
to: | ||
(i) the facility for room and board; and | ||
(ii) the defendant's dependents for their | ||
support during the period of custodial supervision; | ||
(13) submit to testing for alcohol or controlled | ||
substances; | ||
(14) attend counseling sessions for substance abusers | ||
or participate in substance abuse treatment services in a program | ||
or facility approved or licensed by the Department of State Health | ||
Services; | ||
(15) with the consent of the victim of a misdemeanor | ||
offense or of any offense under Title 7, Penal Code, participate in | ||
victim-defendant mediation; | ||
(16) submit to electronic monitoring, other than | ||
anti-theft electronic monitoring as required under Subdivision | ||
(24); | ||
(17) reimburse the compensation to victims of crime | ||
fund for any amounts paid from that fund to or on behalf of a victim, | ||
as defined by Article 56.32, of the offense or if no reimbursement | ||
is required, make one payment to the compensation to victims of | ||
crime fund in an amount not to exceed $50 if the offense is a | ||
misdemeanor or not to exceed $100 if the offense is a felony; | ||
(18) reimburse a law enforcement agency for the | ||
analysis, storage, or disposal of raw materials, controlled | ||
substances, chemical precursors, drug paraphernalia, or other | ||
materials seized in connection with the offense; | ||
(19) pay all or part of the reasonable and necessary | ||
costs incurred by the victim for psychological counseling made | ||
necessary by the offense or for counseling and education relating | ||
to acquired immune deficiency syndrome or human immunodeficiency | ||
virus made necessary by the offense; | ||
(20) make one payment in an amount not to exceed $50 to | ||
a crime stoppers organization, as defined by Section 414.001, | ||
Government Code, and as certified by the Texas Crime Stoppers | ||
Council; | ||
(21) submit a DNA sample to the Department of Public | ||
Safety under Subchapter G, Chapter 411, Government Code, for the | ||
purpose of creating a DNA record of the defendant; | ||
(22) in any manner required by the judge, provide in | ||
the county in which the offense was committed public notice of the | ||
offense for which the defendant was placed on community | ||
supervision; [ |
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(23) reimburse the county in which the prosecution was | ||
instituted for compensation paid to any interpreter in the case; | ||
and | ||
(24) submit to anti-theft electronic monitoring, as | ||
defined by Article 17.44, if the defendant is placed on community | ||
supervision for an offense under Section 31.03 or 31.16, Penal | ||
Code. | ||
SECTION 3. (a) Article 17.44, Code of Criminal Procedure, | ||
as amended by this Act, applies only to a person who is released on | ||
bond following an arrest for an offense committed on or after the | ||
effective date of this Act. A person released on bond following an | ||
arrest for 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. | ||
(b) Article 42A.301(b), Code of Criminal Procedure, as | ||
amended by this Act, applies only to a person who is placed on | ||
community supervision for an offense committed on or after the | ||
effective date of this Act. A person who is placed on community | ||
supervision for 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. | ||
(c) 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, 2019. |