HBA-GUM, NMO H.B. 1321 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1321
By: King, Phil
Criminal Jurisprudence
6/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a court decision stated that a trial
court does not have the inherent authority to impose conditions on a
defendant's pre-trial bond that are not authorized by statute.  H.B. 1321
authorizes a magistrate to impose any reasonable condition of bond related
to the safety of a victim of the alleged offense or to the safety of the
community that the magistrate finds is reasonably certain to secure the
attendance of the defendant at trial.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 17, Code of Criminal Procedure, by adding
Article 17.40, as follows: 

Art. 17.40.  CONDITIONS RELATED TO VICTIM OR COMMUNITY SAFETY.  (a)
Authorizes a magistrate to impose any reasonable condition of bond related
to the safety of a victim of the alleged offense or to the safety of the
community that the magistrate finds is reasonably certain to secure the
attendance of the defendant at trial. 

(b) Authorizes a magistrate, at a hearing limited to determining whether
the defendant violated a condition of bond imposed under Subsection (a), to
revoke the defendant's bond only if the magistrate finds by a preponderance
of the evidence that the violation occurred. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.