Bill Text: TX HB3035 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to the release on bail of a defendant charged with stalking or an offense involving family violence.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-14 - Referred to Criminal Jurisprudence [HB3035 Detail]

Download: Texas-2023-HB3035-Introduced.html
  88R9992 JRR-D
 
  By: Landgraf H.B. No. 3035
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release on bail of a defendant charged with stalking
  or an offense involving family violence.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Articles 17.03(a) and (b-2), Code of Criminal
  Procedure, are amended to read as follows: 
         (a)  Except as otherwise provided by this article
  [Subsection (b) or (b-1)], a magistrate may, in the magistrate's
  discretion, release the defendant on personal bond without sureties
  or other security.
         (b-2)  Except as provided by Articles 15.21, 17.033, and
  17.151, a defendant may not be released on personal bond if the
  defendant:
               (1)  is charged with:
                     (A)  an offense involving violence;
                     (B)  an offense under Section 42.072, Penal Code;
  or
                     (C)  an offense involving family violence, as
  defined by Section 71.004, Family Code; or
               (2)  while released on bail or community supervision
  for an offense involving violence, is charged with committing:
                     (A)  any offense punishable as a felony; or
                     (B)  an offense under the following provisions of
  the Penal Code:
                           (i)  Section 22.01(a)(1) (assault);
                           (ii)  Section 22.05 (deadly conduct);
                           (iii)  Section 22.07 (terroristic threat);
  or
                           (iv)  Section 42.01(a)(7) or (8) (disorderly
  conduct involving firearm).
         SECTION 2.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.1501 to read as follows:
         Art. 17.1501.  MINIMUM AMOUNT OF BAIL FOR DEFENDANT CHARGED
  WITH STALKING OR OFFENSE INVOLVING FAMILY VIOLENCE. (a) In this
  article:
               (1)  "Family violence" has the meaning assigned by
  Section 71.004, Family Code.
               (2)  "Stalking" means an offense under:
                     (A)  Section 42.072, Penal Code; or
                     (B)  a law listed in Section 42.072(b), Penal
  Code, that contains elements that are substantially similar to the
  elements of an offense under Section 42.072 of that code.
         (b)  The minimum amount of bail required for a defendant
  charged with an offense under Section 42.072, Penal Code, or an
  offense involving family violence is:
               (1)  $20,000, except as provided by Subdivisions (2)
  and (3);
               (2)  $50,000, if the defendant has previously been
  convicted one time of stalking or an offense involving family
  violence; or
               (3)  $100,000, if the defendant has previously been
  convicted two or more times of stalking or an offense involving
  family violence.
         SECTION 3.  The change in law made by this Act applies only
  to a person who is arrested on or after December 1, 2023. A person
  arrested before December 1, 2023, is governed by the law in effect
  on the date the person was arrested, and the former law is continued
  in effect for that purpose.
         SECTION 4.  This Act takes effect December 1, 2023, but only
  if the constitutional amendment proposed by the 88th Legislature,
  Regular Session, 2023, authorizing the legislature to set a minimum
  amount of monetary bond for persons charged with stalking or an
  offense involving family violence is approved by the voters. If
  that amendment is not approved by the voters, this Act has no
  effect.
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