� |
� |
� |
�
|
AN ACT
|
�
|
relating to the imposition of conditions on certain defendants |
�
|
charged with an offense involving family violence. |
�
|
�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
�
|
�������SECTION�1.��Article 17.292, Code of Criminal Procedure, is |
�
|
amended by adding Subsection (c-1) to read as follows: |
�
|
�������(c-1)��In addition to the conditions described by Subsection |
�
|
(c), the magistrate in the order for emergency protection may |
�
|
impose a condition described by Article 17.49(b) in the manner |
�
|
provided by that article, including ordering a defendant's |
�
|
participation in a global positioning monitoring system or allowing |
�
|
participation in the system by an alleged victim or other person |
�
|
protected under the order. |
�
|
�������SECTION�2.��Chapter 17, Code of Criminal Procedure, is |
�
|
amended by adding Article 17.49 to read as follows: |
�
|
�������Art.�17.49.��CONDITIONS FOR DEFENDANT CHARGED WITH OFFENSE |
�
|
INVOLVING FAMILY VIOLENCE. (a) In this article: |
�
|
�������������(1)��"Family violence" has the meaning assigned by |
�
|
Section 71.004, Family Code. |
�
|
�������������(2)��"Global positioning monitoring system" means a |
�
|
system that electronically determines and reports the location of |
�
|
an individual through the use of a transmitter or similar device |
�
|
carried or worn by the individual that transmits latitude and |
�
|
longitude data to a monitoring entity through global positioning |
�
|
satellite technology. The term does not include a system that |
�
|
contains or operates global positioning system technology, radio |
�
|
frequency identification technology, or any other similar |
�
|
technology that is implanted in or otherwise invades or violates |
�
|
the individual's body. |
�
|
�������(b)��A magistrate may require as a condition of release on |
�
|
bond that a defendant charged with an offense involving family |
�
|
violence: |
�
|
�������������(1)��refrain from going to or near a residence, school, |
�
|
place of employment, or other location, as specifically described |
�
|
in the bond, frequented by an alleged victim of the offense; |
�
|
�������������(2)��carry or wear a global positioning monitoring |
�
|
system device and, except as provided by Subsection (h), pay the |
�
|
costs associated with operating that system in relation to the |
�
|
defendant; or |
�
|
�������������(3)��except as provided by Subsection (h), if the |
�
|
alleged victim of the offense consents after receiving the |
�
|
information described by Subsection (d), pay the costs associated |
�
|
with providing the victim with an electronic receptor device that: |
�
|
�������������������(A)��is capable of receiving the global |
�
|
positioning monitoring system information from the device carried |
�
|
or worn by the defendant; and |
�
|
�������������������(B)��notifies the victim if the defendant is at or |
�
|
near a location that the defendant has been ordered to refrain from |
�
|
going to or near under Subdivision (1). |
�
|
�������(c)��Before imposing a condition described by Subsection |
�
|
(b)(1), a magistrate must afford an alleged victim an opportunity |
�
|
to provide the magistrate with a list of areas from which the victim |
�
|
would like the defendant excluded and shall consider the victim's |
�
|
request, if any, in determining the locations the defendant will be |
�
|
ordered to refrain from going to or near. If the magistrate imposes |
�
|
a condition described by Subsection (b)(1), the magistrate shall |
�
|
specifically describe the locations that the defendant has been |
�
|
ordered to refrain from going to or near and the minimum distances, |
�
|
if any, that the defendant must maintain from those locations. |
�
|
�������(d)��Before imposing a condition described by Subsection |
�
|
(b)(3), a magistrate must provide to an alleged victim information |
�
|
regarding: |
�
|
�������������(1)��the victim's right to participate in a global |
�
|
positioning monitoring system or to refuse to participate in that |
�
|
system and the procedure for requesting that the magistrate |
�
|
terminate the victim's participation; |
�
|
�������������(2)��the manner in which the global positioning |
�
|
monitoring system technology functions and the risks and |
�
|
limitations of that technology, and the extent to which the system |
�
|
will track and record the victim's location and movements; |
�
|
�������������(3)��any locations that the defendant is ordered to |
�
|
refrain from going to or near and the minimum distances, if any, |
�
|
that the defendant must maintain from those locations; |
�
|
�������������(4)��any sanctions that the court may impose on the |
�
|
defendant for violating a condition of bond imposed under this |
�
|
article; |
�
|
�������������(5)��the procedure that the victim is to follow, and |
�
|
support services available to assist the victim, if the defendant |
�
|
violates a condition of bond or if the global positioning |
�
|
monitoring system equipment fails; |
�
|
�������������(6)��community services available to assist the victim |
�
|
in obtaining shelter, counseling, education, child care, legal |
�
|
representation, and other assistance available to address the |
�
|
consequences of family violence; and |
�
|
�������������(7)��the fact that the victim's communications with the |
�
|
court concerning the global positioning monitoring system and any |
�
|
restrictions to be imposed on the defendant's movements are not |
�
|
confidential. |
�
|
�������(e)��In addition to the information described by Subsection |
�
|
(d), a magistrate shall provide to an alleged victim who |
�
|
participates in a global positioning monitoring system under this |
�
|
article the name and telephone number of an appropriate person |
�
|
employed by a local law enforcement agency whom the victim may call |
�
|
to request immediate assistance if the defendant violates a |
�
|
condition of bond imposed under this article. |
�
|
�������(f)��In determining whether to order a defendant's |
�
|
participation in a global positioning monitoring system under this |
�
|
article, the magistrate shall consider the likelihood that the |
�
|
defendant's participation will deter the defendant from seeking to |
�
|
kill, physically injure, stalk, or otherwise threaten the alleged |
�
|
victim before trial. |
�
|
�������(g)��An alleged victim may request that the magistrate |
�
|
terminate the victim's participation in a global positioning |
�
|
monitoring system at any time. The magistrate may not impose |
�
|
sanctions on the victim for requesting termination of the victim's |
�
|
participation in or refusing to participate in a global positioning |
�
|
monitoring system under this article. |
�
|
�������(h)��If the magistrate determines that a defendant is |
�
|
indigent, the magistrate may, based on a sliding scale established |
�
|
by local rule, require the defendant to pay costs under Subsection |
�
|
(b)(2) or (3) in an amount that is less than the full amount of the |
�
|
costs associated with operating the global positioning monitoring |
�
|
system in relation to the defendant or providing the victim with an |
�
|
electronic receptor device. |
�
|
�������(i)��If an indigent defendant pays to an entity that operates |
�
|
a global positioning monitoring system the partial amount ordered |
�
|
by a magistrate under Subsection (h), the entity shall accept the |
�
|
partial amount as payment in full. �The county in which the |
�
|
magistrate who enters an order under Subsection (h) is located is |
�
|
not responsible for payment of any costs associated with operating |
�
|
the global positioning monitoring system in relation to an indigent |
�
|
defendant. |
�
|
�������(j)��A magistrate that imposes a condition described by |
�
|
Subsection (b)(1) or (2) shall order the entity that operates the |
�
|
global positioning monitoring system to notify the court and the |
�
|
appropriate local law enforcement agency if a defendant violates a |
�
|
condition of bond imposed under this article. |
�
|
�������(k)��A magistrate that imposes a condition described by |
�
|
Subsection (b) may only allow or require the defendant to execute or |
�
|
be released under a type of bond that is authorized by this chapter. |
�
|
�������(l)��This article does not limit the authority of a |
�
|
magistrate to impose any other reasonable conditions of bond or |
�
|
enter any orders of protection under other applicable statutes. |
�
|
�������SECTION�3.��Articles 17.292(c-1) and 17.49, Code of Criminal |
�
|
Procedure, as added by this Act, apply only to a defendant released |
�
|
on bond, or to an order for emergency protection issued, in |
�
|
connection with an offense committed on or after the effective date |
�
|
of this Act. A defendant released on bond, or an order for |
�
|
emergency protection issued, in connection with an offense |
�
|
committed before the effective date of this Act is governed by the |
�
|
law in effect when 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 occurred before that date. |
�
|
�������SECTION�4.��This Act takes effect September 1, 2009. |
� |
� |
� |
______________________________ |
______________________________ |
� |
���President of the Senate |
Speaker of the House����� |
� |
� |
�
|
�������I certify that H.B. No. 1506 was passed by the House on April |
�
|
28, 2009, by the following vote:��Yeas 146, Nays 0, 1 present, not |
�
|
voting; that the House refused to concur in Senate amendments to |
�
|
H.B. No. 1506 on May 29, 2009, and requested the appointment of a |
�
|
conference committee to consider the differences between the two |
�
|
houses; and that the House adopted the conference committee report |
�
|
on H.B. No. 1506 on May 31, 2009, by the following vote:��Yeas 144, |
�
|
Nays 0, 1 present, not voting. |
�
|
|
�
|
______________________________ |
�
|
Chief Clerk of the House��� |
� |
�
|
�������I certify that H.B. No. 1506 was passed by the Senate, with |
�
|
amendments, on May 25, 2009, by the following vote:��Yeas 30, Nays |
�
|
1; at the request of the House, the Senate appointed a conference |
�
|
committee to consider the differences between the two houses; and |
�
|
that the Senate adopted the conference committee report on H.B. No. |
�
|
1506 on May 31, 2009, by the following vote:��Yeas 30, Nays 1. |
�
|
|
�
|
______________________________ |
�
|
Secretary of the Senate��� |
�
|
APPROVED: __________________ |
�
|
����������������Date������� |
�
|
� |
�
|
�������� __________________ |
�
|
��������������Governor������� |