Bill Text: TX HB766 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Engrossed.html
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-Engrossed.html
87R16356 JCG-F | ||
By: Harless, Martinez Fischer, Moody, Raney | H.B. No. 766 |
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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. |