Bill Text: TX SB1010 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Criminal Justice [SB1010 Detail]
Download: Texas-2023-SB1010-Introduced.html
| 88R8595 CJD-D | ||
| By: Parker | S.B. No. 1010 | |
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| relating to requiring the denial of bail to a person accused of | ||
| committing certain trafficking or sexual offenses against a child | ||
| while released on bail for committing a similar offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.154 to read as follows: | ||
| Art. 17.154. DENIAL OF BAIL FOR COMMISSION OF TRAFFICKING | ||
| OR SEXUAL OFFENSE AGAINST A CHILD WHILE ON BAIL FOR COMMITTING | ||
| SIMILAR OFFENSE. (a) This article applies to a defendant charged | ||
| with an offense under any of the following provisions of the Penal | ||
| Code: | ||
| (1) Section 20.04(a)(4), if committed against a child | ||
| younger than 17 years of age and the actor committed the offense | ||
| with the intent to violate or abuse the victim sexually; | ||
| (2) Section 20A.02(a)(5), (6), (7), or (8); | ||
| (3) Section 20A.03, if based partly or wholly on | ||
| conduct that constitutes an offense described by Subdivision (2); | ||
| (4) Section 21.02, involving a victim described by | ||
| Subsection (b)(2)(A) of that section; | ||
| (5) Section 21.11(a)(1), if the actor committed the | ||
| offense in a manner other than by touching, including touching | ||
| through clothing, the breast of a child; | ||
| (6) Section 22.011(a)(2); | ||
| (7) Section 22.021, if the actor committed the offense | ||
| in a manner described by Subsection (a)(1)(B) of that section; | ||
| (8) Section 30.02, if the offense is punishable under | ||
| Subsection (d) of that section and the actor committed the offense | ||
| with the intent to commit an offense described by Subdivision (1), | ||
| (5), (6), or (7); | ||
| (9) Section 43.05(a)(2); or | ||
| (10) Section 43.25. | ||
| (b) A defendant who is accused of committing an offense | ||
| described by Subsection (a) while released on bail pending trial | ||
| for another offense described by Subsection (a), shall be denied | ||
| bail pending trial if a judge or magistrate, after a hearing, | ||
| determines by a preponderance of the evidence that the person | ||
| committed the offense while on bail. | ||
| (c) A judge or magistrate who grants bail to a defendant | ||
| charged with an offense described by Subsection (a) shall admonish | ||
| the defendant that, if the defendant commits another offense | ||
| described by Subsection (a) while on bail, the defendant shall be | ||
| denied bail pending trial if a judge or magistrate, following a | ||
| hearing, determines by a preponderance of the evidence that the | ||
| person committed the offense while on bail. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a person who is arrested on or after the effective date of this | ||
| Act. A person arrested before the effective date of this Act 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 3. 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 enact laws | ||
| providing for the denial of bail to a person accused of committing a | ||
| trafficking or sexual offense against a child while released on | ||
| bail for committing a similar offense is approved by the voters. If | ||
| that amendment is not approved by the voters, this Act has no | ||
| effect. | ||
