bill flags ankle monitor tampering to prosecutors and judges

The text as introduced · 690 words

89R5171 EAS-D

By: Huffman
S.B. No. 1020

A BILL TO BE ENTITLED

AN ACT

relating to personal bond offices, to the notification provided to

a judge regarding tampering with an electronic monitoring device

while released on bond or community supervision, and to the

availability of certain information regarding a person required to

submit to an electronic monitoring program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 5(a) and (b), Article 17.42, Code of

Criminal Procedure, are amended to read as follows:

(a) A personal bond pretrial release office established

under this article shall:

(1) prepare a record containing information about any

accused person identified by case number only who, after review by

the office, is released by a court on personal bond before

sentencing in a pending case;

(2) update the record on a monthly basis; [ and ]

(3) file a copy of the record with the district or

county clerk, as applicable based on court jurisdiction over the

categories of offenses addressed in the records, in any county

served by the office ; and

(4) submit a copy of the record to the attorney

representing the state and the accused person's attorney and, as

applicable based on whether the accused person violated a condition

of release on bond in the preceding month, an update to that record .

(b) In preparing a record under Subsection (a), the office

shall include in the record a statement of:

(1) the offense with which the person is charged;

(2) the dates of any court appearances scheduled in

the matter that were previously unattended by the person;

(3) whether a warrant has been issued for the person's

arrest for failure to appear in accordance with the terms of the

person's release;

(4) whether the person has failed to comply with

conditions of release on personal bond , including failing to comply

by tampering with an electronic monitoring device ; and

(5) the presiding judge or magistrate who authorized

the personal bond.

SECTION 2. Chapter 17, Code of Criminal Procedure, is

amended by adding Article 17.431 to read as follows:

Art. 17.431. NOTIFICATION BY PERSONAL BOND OFFICE REGARDING

ELECTRONIC MONITORING DEVICE VIOLATION. Not later than 48 hours

after a personal bond office established under Article 17.42

becomes aware that a defendant supervised by the office has

violated a condition of release on bond related to an electronic

monitoring device, the personal bond office shall notify the court

before whom the case is pending of that violation.

SECTION 3. Subchapter P, Chapter 42A, Code of Criminal

Procedure, is amended by adding Article 42A.7515 to read as

follows:

Art. 42A.7515. NOTIFICATION BY SUPERVISION OFFICER

REGARDING ELECTRONIC MONITORING DEVICE VIOLATION. Not later than

48 hours after a supervision officer becomes aware that a defendant

supervised by the officer has violated a condition of community

supervision related to an electronic monitoring device, the

supervision officer shall notify the judge of that violation.

SECTION 4. Section 21.013(a)(1), Government Code, is

amended to read as follows:

(1) "Judicial work product" means written,

electronic, or oral material prepared or communications made in the

course of an adjudicatory proceeding before a court determining

legal rights, powers, duties, or privileges. The term includes all

drafts of opinions or orders and memoranda of law. The term does

not include information related to a person who is required to

submit to electronic monitoring of a person's location as part of an

electronic monitoring program under Article 42.035, Code of

Criminal Procedure, or as a condition of community supervision,

parole, mandatory supervision, or release on bail.

SECTION 5. Articles 17.431 and 42A.7515, Code of Criminal

Procedure, as added by this Act, apply only to a violation of a

condition of release on bond or a violation of a condition of

community supervision, as applicable, that occurs on or after the

effective date of this Act. A violation that occurs before the

effective date of this Act is governed by the law in effect on the

date the violation occurred, and the former law is continued in

effect for that purpose.

SECTION 6. This Act takes effect September 1, 2025.