HBA-NMO H.B. 2120 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2120 By: Reyna, Elvira Criminal Jurisprudence 4/15/1999 Introduced BACKGROUND AND PURPOSE Current law authorizes a magistrate to require as a condition of release on bond that a defendant charged with certain sexual offenses committed against a child 12 years of age or younger not directly communicate with the alleged victim of the offense or go near certain locations frequented by the alleged victim. The law may need to expand this condition of bond to encompass all defendants charged with an offense for which registration as a sex offender is required, to ensure that contact is not maintained between a defendant and an alleged victim. H.B. 2120 requires a magistrate to require as a condition of release on bond that a defendant charged with an offense for which registration as a sex offender is required not communicate directly or indirectly with the victim, or go to or near a specific location frequented by the victim. 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 17.47, as follows: Art. 17.47. MANDATORY CONDITIONS FOR A DEFENDANT CHARGED WITH CERTAIN SEXUAL OFFENSES. Requires a magistrate to require as a condition of release on bond that a defendant charged with an offense for which registration as a sex offender is required not communicate directly or indirectly with the victim, or go to or near a specific location frequented by the victim, including the residence, school, place of employment, or business of the victim. Requires a magistrate to specifically describe the prohibited locations and the minimum distances, if any, that the defendant must maintain from the locations. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.