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  H.B. No. 3692
 
 
 
 
AN ACT
  relating to the denial or revocation of bail for a person who
  violates certain court orders or conditions of bond related to
  victim or community safety and to the performance of community
  service by certain persons charged with certain alcohol-related
  offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE CASE [PROTECTIVE ORDER OR MAGISTRATE'S
  ORDER].
         SECTION 2.  Sections 25.07(a) and (g), Penal Code, are
  amended to read as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence case and related to the
  safety of the victim or the safety of the community, an order issued
  under Article 17.292, Code of Criminal Procedure, an order issued
  under Section 6.504, Family Code, Chapter 83, Family Code, if the
  temporary ex parte order has been served on the person, or Chapter
  85, Family Code[, under Article 17.292, Code of Criminal
  Procedure], or an order issued by another jurisdiction as provided
  by Chapter 88, Family Code, the person knowingly or intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends; or
               (4)  possesses a firearm.
         (g)  An offense under this section is a Class A misdemeanor
  unless it is shown on the trial of the offense that the defendant
  has previously been convicted under this section two or more times
  or has violated the [protective] order or condition of bond by
  committing an assault or the offense of stalking, in which event the
  offense is a third degree felony.
         SECTION 3.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.152 to read as follows:
         Art. 17.152.  DENIAL OF BAIL FOR VIOLATION OF CERTAIN COURT
  ORDERS OR CONDITIONS OF BOND IN A FAMILY VIOLENCE CASE. (a) In this
  article, "family violence" has the meaning assigned by Section
  71.004, Family Code.
         (b)  Except as otherwise provided by Subsection (d), a person
  who commits an offense under Section 25.07, Penal Code, related to a
  violation of a condition of bond set in a family violence case and
  whose bail in the case under Section 25.07, Penal Code, or in the
  family violence case is revoked or forfeited for a violation of a
  condition of bond may be taken into custody and, pending trial or
  other court proceedings, denied release on bail if following a
  hearing a judge or magistrate determines by a preponderance of the
  evidence that the person violated a condition of bond related to:
               (1)  the safety of the victim of the offense under
  Section 25.07, Penal Code, or the family violence case, as
  applicable; or
               (2)  the safety of the community.
         (c)  Except as otherwise provided by Subsection (d), a person
  who commits an offense under Section 25.07, Penal Code, other than
  an offense related to a violation of a condition of bond set in a
  family violence case, may be taken into custody and, pending trial
  or other court proceedings, denied release on bail if following a
  hearing a judge or magistrate determines by a preponderance of the
  evidence that the person committed the offense.
         (d)  A person who commits an offense under Section
  25.07(a)(3), Penal Code, may be held without bail under Subsection
  (b) or (c), as applicable, only if following a hearing the judge or
  magistrate determines by a preponderance of the evidence that the
  person went to or near the place described in the order or condition
  of bond with the intent to commit or threaten to commit:
               (1)  family violence; or
               (2)  an act in furtherance of an offense under Section
  42.072, Penal Code.
         (e)  In determining whether to deny release on bail under
  this article, the judge or magistrate may consider:
               (1)  the order or condition of bond;
               (2)  the nature and circumstances of the alleged
  offense;
               (3)  the relationship between the accused and the
  victim, including the history of that relationship;
               (4)  any criminal history of the accused; and
               (5)  any other facts or circumstances relevant to a
  determination of whether the accused poses an imminent threat of
  future family violence.
         (f)  A person arrested for committing an offense under
  Section 25.07, Penal Code, shall without unnecessary delay and
  after reasonable notice is given to the attorney representing the
  state, but not later than 48 hours after the person is arrested, be
  taken before a magistrate in accordance with Article 15.17. At that
  time, the magistrate shall conduct the hearing and make the
  determination required by this article.
         SECTION 4.  Article 17.40(b), Code of Criminal Procedure, is
  amended to read as follows:
         (b)  At a hearing limited to determining whether the
  defendant violated a condition of bond imposed under Subsection
  (a), the magistrate may revoke the defendant's bond only if the
  magistrate finds by a preponderance of the evidence that the
  violation occurred. If the magistrate finds that the violation
  occurred, the magistrate shall revoke the defendant's bond and
  order that the defendant be immediately returned to custody. Once
  the defendant is placed in custody, the revocation of the
  defendant's bond discharges the sureties on the bond, if any, from
  any future liability on the bond. A discharge under this subsection
  from any future liability on the bond does not discharge any surety
  from liability for previous forfeitures on the bond.
         SECTION 5.  Article 45.049, Code of Criminal Procedure, is
  amended by adding Subsections (g) and (h) to read as follows:
         (g)  This subsection applies only to a defendant who is
  charged with a traffic offense or an offense under Section 106.05,
  Alcoholic Beverage Code, and is a resident of this state.  If under
  Article 45.051(b)(10), Code of Criminal Procedure, the judge
  requires the defendant to perform community service as a condition
  of the deferral, the defendant is entitled to elect whether to
  perform the required governmental entity or nonprofit organization
  community service in:
               (1)  the county in which the court is located; or
               (2)  the county in which the defendant resides, but
  only if the entity or organization agrees to:
                     (A)  supervise the defendant in the performance of
  the defendant's community service work; and
                     (B)  report to the court on the defendant's
  community service work.
         (h)  This subsection applies only to a defendant charged with
  an offense under Section 106.05, Alcoholic Beverage Code, who,
  under Subsection (g), elects to perform the required community
  service in the county in which the defendant resides.  The community
  service must comply with Sections 106.071(d) and (e), Alcoholic
  Beverage Code, except that if the educational programs or services
  described by Section 106.071(e) are not available in the county of
  the defendant's residence, the court may order community service
  that it considers appropriate for rehabilitative purposes.
         SECTION 6.  Article 22.021, Code of Criminal Procedure, is
  repealed.
         SECTION 7.  The changes made to Article 45.049, Code of
  Criminal Procedure, by this Act take effect September 1, 2007.
         SECTION 8.  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 at the time 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 was committed before that date.
         SECTION 9.  This Act takes effect January 1, 2008, but only
  if the constitutional amendment proposed by the 80th Legislature,
  Regular Session, 2007, authorizing the denial of bail to a person
  who violates certain court orders or conditions of release in a
  felony or family violence case is approved by the voters. If that
  constitutional amendment is not approved by the voters, this Act
  has no effect.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3692 was passed by the House on May 7,
  2007, by the following vote:  Yeas 133, Nays 0, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 3692 on May 25, 2007, by the following vote:  Yeas 142, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3692 was passed by the Senate, with
  amendments, on May 23, 2007, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor