HB36 - Relating to the monitoring of certain family violence offenders, the provision of resources for family violence victims, and the collection of information about conditions of bond imposed in family violence cases and certain other criminal cases.

  89R20707 JSC-F     By: Bowers, Allen, Rose, Hull, Talarico, H.B. No. 36       et al.       A BILL TO BE ENTITLED   AN ACT   relating to the monitoring of certain family violence offenders,   the provision of resources for family violence victims, and the   collection of information about conditions of bond imposed in   family violence cases and certain other criminal cases.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act shall be known as the Sharon Radebaugh   Family Violence Protection Act.          SECTION 2.  (a) The legislature finds that:                (1)  family violence remains a critical issue affecting   the safety and well-being of Texas residents; and                (2)  one in four women and one in seven men in this   country will experience family violence.          (b)  The purpose of this Act is to:                (1)  strengthen monitoring of family violence   offenders;                (2)  implement monitoring through a global positioning   monitoring system for high-risk offenders;                (3)  enhance victim safety; and                (4)  prevent further acts of family violence.          SECTION 3.  Article 17.292(c-1), Code of Criminal Procedure,   is amended 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.   If applicable, the magistrate shall   impose the condition described by Article 17.49(b-1).          SECTION 4.  Article 17.49(a)(2), Code of Criminal Procedure,   is amended to read as follows:                (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.          SECTION 5.  Article 17.49, Code of Criminal Procedure, is   amended by amending Subsections (b), (d), (f), (h), (j), and (k) and   adding Subsections (b-1), (m), and (n) to read as follows:          (b)   Except as provided by Subsection (b-1), a [ 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 a   reimbursement fee for the costs associated with operating that   system in relation to the defendant;                (3)  except as provided by Subsection (h), if the   alleged victim of the offense consents after receiving the   information described by Subsection (d), pay a reimbursement fee   for the costs associated with providing the victim with an   electronic receptor device or with notification software installed   on the victim's personal electronic device that:                      (A)  is capable of receiving the global   positioning monitoring system information from the device [ carried   or ] worn by the defendant; and                      (B)   contemporaneously 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); or                (4)  refrain from tracking or monitoring personal   property or a motor vehicle in the possession of the alleged victim   of the offense, without the victim's effective consent, including   by:                      (A)  using a tracking application on a personal   electronic device in the possession of the victim or using a   tracking device; or                      (B)  physically following the victim or causing   another to physically follow the victim.           (b-1)     A magistrate shall require as a condition of release   on bond that a defendant wear a global positioning monitoring   system device as provided by Subsection (b)(2) if the defendant   poses a continuing threat to the victim. A defendant is considered   to pose a continuing threat to the victim if the defendant:                 (1)  has a history of:                       (A)     conduct violating a provision of Title 5,   Penal Code;                       (B)     violating a previous protective order issued   to protect any person; or                       (C)  making threats to or against the victim; or                 (2)     has been convicted of an offense involving the use   or threatened use of a firearm.          (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 contemporaneously 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 and any criminal penalties for the violation ;                (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 or the victim's electronic receptor   device or notification software 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.          (f)  In determining whether to order a defendant's   participation in a global positioning monitoring system under   Subsection (b) [ 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.          (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 a reimbursement fee   under Subsection (b)(2) or (3) in an amount that is less than the   full amount of the costs associated with :                 (1)   operating the global positioning monitoring   system in relation to the defendant ; or                 (2)   providing the victim with an electronic receptor   device or with notification software installed on the victim's   personal electronic device, as applicable .          (j)  A magistrate who [ that ] imposes a condition requiring   the wearing of a global positioning monitoring system device   [ described by Subsection (b)(1) or (2) ] shall order the entity that   operates the global positioning monitoring system to notify the   court , the Department of Public Safety, the victim, and the   appropriate local law enforcement agency if a defendant violates a   condition of bond imposed under this article. The entity must be   capable of providing an immediate, automatic electronic   notification, by text message or otherwise, on the defendant's   violation of a condition of bond. If the defendant violates the   condition of bond by entering a prohibited location, the   notification must state with specificity the location of the   defendant.          (k)  A magistrate who [ that ] imposes a condition described by   Subsection (b) or (b-1) may only allow or require the defendant to   execute or be released under a type of bond that is authorized by   this chapter.           (m)     As soon as possible but not later than the next business   day after the date the magistrate issues an order imposing a   condition of bond involving a global positioning monitoring system,   the magistrate shall send a copy of the order to:                 (1)     the appropriate attorney representing the state   and either:                       (A)     the chief of police in the municipality where   the victim of the offense resides, if the victim resides in a   municipality; or                         (B)     the sheriff of the county where the victim   resides, if the victim does not reside in a municipality; and                 (2)  the victim at the victim's last known address.           (n)     On receipt of the order under Subsection (m), the local   law enforcement agency shall immediately, but not later than the   third business day after the date the order is received, enter the   information required by Section 411.042(b)(7), Government Code,   into the statewide law enforcement information system maintained by   the Department of Public Safety.          SECTION 6.  Section 85.022, Family Code, is amended by   adding Subsections (b-1), (f), (g), (h), (i), and (j) and amending   Subsection (e) to read as follows:           (b-1)     For purposes of Subsection ( [Text truncated for display. 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