no bail if accused again while out on bail

The text as introduced · 538 words

89R2610 CJD-D

By: Parker
S.B. No. 956

A BILL TO BE ENTITLED

AN ACT

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, 2025, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, 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.