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AN ACT
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relating to the conditions of bond for a defendant charged with |
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committing certain offenses against a child and to the denial of |
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bail pending trial with respect to certain defendants who violate |
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those conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.41(a) and (b), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) This article applies to a defendant charged with an |
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offense under any of the following provisions of the Penal Code, if |
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committed against a child younger than 14 [12] years of age [or
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younger]: |
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(1) Chapter 21 (Sexual Offenses) or 22 (Assaultive |
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Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct); or |
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(3) Section 43.25 (Sexual Performance by a Child). |
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(b) Subject to Subsections (c) and (d), a [A] magistrate |
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shall [may] require as a condition of bond for a defendant charged |
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with an offense described by Subsection (a) [of this article] that |
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the defendant not: |
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(1) directly communicate with the alleged victim of |
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the offense; or |
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(2) go near a residence, school, or other location, as |
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specifically described in the bond, frequented by the alleged |
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victim. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.153 to read as follows: |
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Art. 17.153. DENIAL OF BAIL FOR VIOLATION OF CONDITION OF |
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BOND WHERE CHILD ALLEGED VICTIM. (a) This article applies to a |
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defendant charged with a felony offense under any of the following |
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provisions of the Penal Code, if committed against a child younger |
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than 14 years of age: |
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(1) Chapter 21 (Sexual Offenses); |
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(2) Section 25.02 (Prohibited Sexual Conduct); or |
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(3) Section 43.25 (Sexual Performance by a Child). |
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(b) A defendant described by Subsection (a) who violates a |
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condition of bond set under Article 17.41 and whose bail in the case |
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is revoked for the violation may be taken into custody and denied |
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release on bail pending trial if, following a hearing, a judge or |
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magistrate determines by a preponderance of the evidence that the |
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defendant violated a condition of bond related to the safety of the |
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victim of the offense or the safety of the community. If the |
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magistrate finds that the violation occurred, the magistrate may |
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revoke the defendant's bond and order that the defendant be |
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immediately returned to custody. Once the defendant is placed in |
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custody, the revocation of the defendant's bond discharges the |
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sureties on the bond, if any, from any future liability on the bond. |
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A discharge under this subsection from any future liability on the |
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bond does not discharge any surety from liability for previous |
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forfeitures on the bond. |
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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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covered by the law in effect when the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3751 was passed by the House on May 4, |
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2009, by the following vote: Yeas 139, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 3751 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 3751 on May 31, 2009, by the following vote: Yeas 143, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3751 was passed by the Senate, with |
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amendments, on May 26, 2009, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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3751 on May 31, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |