Bill Text: TX HB766 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the entry into the Texas Crime Information Center of certain information regarding orders imposing a condition of bond in a criminal case involving a violent offense.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-04 - See remarks for effective date [HB766 Detail]

Download: Texas-2021-HB766-Enrolled.html
 
 
  H.B. No. 766
 
 
 
 
AN ACT
  relating to the entry into the Texas Crime Information Center of
  certain information regarding orders imposing a condition of bond
  in a criminal case involving a violent offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.50 to read as follows:
         Art. 17.50.  ENTRY INTO TEXAS CRIME INFORMATION CENTER OF
  CERTAIN INFORMATION IN CASES INVOLVING VIOLENT OFFENSES; DUTIES OF
  MAGISTRATES, SHERIFFS, AND DEPARTMENT OF PUBLIC SAFETY.  (a)  In
  this article:
               (1)  "Business day" means a day other than a Saturday,
  Sunday, or state or national holiday.
               (2)  "Database" means the statewide law enforcement
  information system maintained by the Department of Public Safety,
  also known as the Texas Crime Information Center.
               (3)  "Violent offense" means:
                     (A)  an offense under the following sections of
  the Penal Code:
                           (i)  Section 19.02 (murder);
                           (ii)  Section 19.03 (capital murder);
                           (iii)  Section 20.03 (kidnapping);
                           (iv)  Section 20.04 (aggravated
  kidnapping);
                           (v)  Section 21.11 (indecency with a child);
                           (vi)  Section 22.011 (sexual assault);
                           (vii)  Section 22.02 (aggravated assault);
                           (viii)  Section 22.021 (aggravated sexual
  assault);
                           (ix)  Section 22.04 (injury to a child,
  elderly individual, or disabled individual);
                           (x)  Section 29.03 (aggravated robbery);
                           (xi)  Section 21.02 (continuous sexual abuse
  of young child or children); or
                           (xii)  Section 20A.03 (continuous
  trafficking of persons); or
                     (B)  any offense involving family violence, as
  defined by Section 71.004, Family Code.
         (b)  As soon as practicable but not later than the next day
  after the date a magistrate issues an order imposing a condition of
  bond on a defendant under this chapter for a violent offense, the
  magistrate shall notify the sheriff of the condition and provide to
  the sheriff the following information:
               (1)  the information listed in Section 411.042(b)(6),
  Government Code, as that information relates to an order described
  by this subsection;
               (2)  the name and address of any named person the
  condition of bond is intended to protect, and if different and
  applicable, the name and address of the victim of the alleged
  offense;
               (3)  the date the order releasing the defendant on bond
  was issued; and
               (4)  the court that issued the order releasing the
  defendant on bond.
         (c)  As soon as practicable but not later than the next day
  after the date a magistrate, in a case described by Subsection (b),
  revokes a bond that contains a condition, modifies the terms of or
  removes a condition of bond, or disposes of the underlying criminal
  charges, the magistrate shall notify the sheriff and provide the
  sheriff with information that is sufficient to enable the sheriff
  to modify or remove the appropriate record in the database.
         (d)  As soon as practicable but not later than the next
  business day after the date the sheriff receives the information:
               (1)  described by Subsection (b), the sheriff shall:
                     (A)  enter the information into the database; and
                     (B)  make a good faith effort to notify by
  telephone any named person the condition of bond is intended to
  protect, and if different and applicable, the victim of the alleged
  offense that the defendant to whom the order is directed has been
  released on bond; and
               (2)  described by Subsection (c), the sheriff shall
  modify or remove the appropriate record in the database.
         (e)  The clerk of a court that issues an order described by
  Subsection (b) shall send a copy of the order to any named person
  the condition of bond is intended to protect, and if different and
  applicable, the victim of the alleged offense at the person's last
  known address not later than the next business day after the date
  the court issues the order. 
         (f)  The Department of Public Safety shall:
               (1)  modify the database to enable the database to
  accept and maintain detailed information on active conditions of
  bond regarding the requirements and status of a condition of bond
  imposed by a magistrate for a violent offense, including
  information described by Subsections (b) and (c); and
               (2)  develop and adopt a form for use by magistrates and
  sheriffs to facilitate the data collection and data entry required
  by this article.
         (g)  This article does not create liability for any errors or
  omissions of a sheriff caused by inaccurate information provided
  under this article to the sheriff by a magistrate.
         SECTION 2.  Not later than December 31, 2021, the Department
  of Public Safety of the State of Texas shall modify the statewide
  law enforcement information system maintained by the department,
  also known as the Texas Crime Information Center, to enable the
  database to accept and maintain detailed information regarding the
  requirements and status of an active condition of bond imposed by a
  magistrate for a violent offense, as required by Article 17.50(f),
  Code of Criminal Procedure, as added by this Act.
         SECTION 3.  (a)  Except as provided by Subsection (b) of this
  section, this Act takes effect January 1, 2022.
         (b)  Section 2 of this Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 766 was passed by the House on April
  13, 2021, by the following vote:  Yeas 147, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 766 was passed by the Senate on May
  19, 2021, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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