88R8006 MCF-D
	By: Manuel	H.B. No. 3256

	A BILL TO BE ENTITLED
	AN ACT
	relating to conditions of release on bond for a felony offense
	involving family violence.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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 2.  Article 17.49, Code of Criminal Procedure, is
	amended by amending Subsections (b), (f), (h), (j), and (k) and
	adding Subsection (b-1) 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; 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 a reimbursement fee
	for 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).
	(b-1)  A magistrate shall require as a condition of release
	on bond that a defendant charged with an offense involving family
	violence punishable as a felony 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.
	(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) or (b-1) 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.
	(j)  A magistrate who [that] imposes a condition requiring
	the carrying or 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 and the appropriate local law enforcement agency
	if a defendant violates a condition of bond imposed under this
	article.
	(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.
	SECTION 3.  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 4.  This Act takes effect September 1, 2023.