Relating to the monitoring of certain family violence offenders, the provision of resources for family violence victims, and the collection of information about conditions of bond imposed in family violence cases and certain other criminal cases.

89(R) HB 36 - Engrossed version - Bill Text

89R20707 JSC-F

By: Bowers, Allen, Rose, Hull, Talarico,

H.B. No. 36

et al.

A BILL TO BE ENTITLED

AN ACT

relating to the monitoring of certain family violence offenders,

the provision of resources for family violence victims, and the

collection of information about conditions of bond imposed in

family violence cases and certain other criminal cases.

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

SECTION 1. This Act shall be known as the Sharon Radebaugh

Family Violence Protection Act.

SECTION 2. (a) The legislature finds that:

(1) family violence remains a critical issue affecting

the safety and well-being of Texas residents; and

(2) one in four women and one in seven men in this

country will experience family violence.

(b) The purpose of this Act is to:

(1) strengthen monitoring of family violence

offenders;

(2) implement monitoring through a global positioning

monitoring system for high-risk offenders;

(3) enhance victim safety; and

(4) prevent further acts of family violence.

SECTION 3. 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 4. Article 17.49(a)(2), Code of Criminal Procedure,

is amended to read as follows:

(2) "Global positioning monitoring system" means a

system that electronically determines and reports the location of

an individual through the use of a transmitter or similar device

[
carried or
] worn by the individual that transmits latitude and

longitude data to a monitoring entity through global positioning

satellite technology. The term does not include a system that

contains or operates global positioning system technology, radio

frequency identification technology, or any other similar

technology that is implanted in or otherwise invades or violates

the individual's body.

SECTION 5. Article 17.49, Code of Criminal Procedure, is

amended by amending Subsections (b), (d), (f), (h), (j), and (k) and

adding Subsections (b-1), (m), and (n) 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;

(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
or with notification software installed

on the victim's personal electronic device
that:

(A) is capable of receiving the global

positioning monitoring system information from the device [
carried

or
] worn by the defendant; and

(B)
contemporaneously
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); or

(4) refrain from tracking or monitoring personal

property or a motor vehicle in the possession of the alleged victim

of the offense, without the victim's effective consent, including

by:

(A) using a tracking application on a personal

electronic device in the possession of the victim or using a

tracking device; or

(B) physically following the victim or causing

another to physically follow the victim.

(b-1)

A magistrate shall require as a condition of release

on bond that a defendant wear a global positioning monitoring

system device as provided by Subsection (b)(2) if the defendant

poses a continuing threat to the victim. A defendant is considered

to pose a continuing threat to the victim if the defendant:

(1) has a history of:

(A)

conduct violating a provision of Title 5,

Penal Code;

(B)

violating a previous protective order issued

to protect any person; or

(C) making threats to or against the victim; or

(2)

has been convicted of an offense involving the use

or threatened use of a firearm.

(d) Before imposing a condition described by Subsection

(b)(3), a magistrate must provide to an alleged victim information

regarding:

(1) the victim's right to participate in a global

positioning monitoring system or to refuse to participate in that

system and the procedure for requesting that the magistrate

terminate the victim's participation;

(2) the manner in which the global positioning

monitoring system technology functions and the risks and

limitations of that technology, and the extent to which the system

will
contemporaneously
track and record the victim's location and

movements;

(3) any locations that the defendant is ordered to

refrain from going to or near and the minimum distances, if any,

that the defendant must maintain from those locations;

(4) any sanctions that the court may impose on the

defendant for violating a condition of bond imposed under this

article
and any criminal penalties for the violation
;

(5) the procedure that the victim is to follow, and

support services available to assist the victim, if the defendant

violates a condition of bond or if the global positioning

monitoring system equipment
or the victim's electronic receptor

device or notification software
fails;

(6) community services available to assist the victim

in obtaining shelter, counseling, education, child care, legal

representation, and other assistance available to address the

consequences of family violence; and

(7) the fact that the victim's communications with the

court concerning the global positioning monitoring system and any

restrictions to be imposed on the defendant's movements are not

confidential.

(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) in an amount that is less than the

full amount of the costs associated with
:

(1)
operating the global positioning monitoring

system in relation to the defendant
;
or

(2)
providing the victim with an electronic receptor

device
or with notification software installed on the victim's

personal electronic device, as applicable
.

(j) A magistrate
who
[
that
] imposes a condition
requiring

the 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
, the Department of Public Safety, the victim,
and the

appropriate local law enforcement agency if a defendant violates a

condition of bond imposed under this article.
The entity must be

capable of providing an immediate, automatic electronic

notification, by text message or otherwise, on the defendant's

violation of a condition of bond. If the defendant violates the

condition of bond by entering a prohibited location, the

notification must state with specificity the location of the

defendant.

(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.

(m)

As soon as possible but not later than the next business

day after the date the magistrate issues an order imposing a

condition of bond involving a global positioning monitoring system,

the magistrate shall send a copy of the order to:

(1)

the appropriate attorney representing the state

and either:

(A)

the chief of police in the municipality where

the victim of the offense resides, if the victim resides in a

municipality; or

(B)

the sheriff of the county where the victim

resides, if the victim does not reside in a municipality; and

(2) the victim at the victim's last known address.

(n)

On receipt of the order under Subsection (m), the local

law enforcement agency shall immediately, but not later than the

third business day after the date the order is received, enter the

information required by Section 411.042(b)(7), Government Code,

into the statewide law enforcement information system maintained by

the Department of Public Safety.

SECTION 6. Section 85.022, Family Code, is amended by

adding Subsections (b-1), (f), (g), (h), (i), and (j) and amending

Subsection (e) to read as follows:

(b-1)

For purposes of Subsection (b)(6), "firearm" has the

meaning assigned by Section 46.01, Penal Code.

(e)
The court shall require as a condition of the protective

order that the respondent wear a device to allow monitoring by a

global positioning monitoring system, as defined by Article 17.49,

Code of Criminal Procedure, and, except as provided by Subsection

(h), pay a reimbursement fee for the costs associated with

operating that system in relation to the respondent if the

respondent poses a continuing threat to a person protected by the

order. A respondent is considered to pose a continuing threat to a

person protected by the order if:

(1) the respondent has a history of:

(A)

conduct violating a provision of Title 5,

Penal Code;

(B)

violating a previous protective order issued

to protect any person; or

(C)

making threats to or against a person

protected by the order;

(2)

the respondent has been convicted of an offense

involving the use or threatened use of a firearm; or

(3)

in the five-year period preceding the date of the

order, the respondent was convicted of an offense for which an

affirmative finding was made under Article 42.013, Code of Criminal

Procedure
[
In this section, "firearm" has the meaning assigned by

Section 46.01, Penal Code
].

(f)

Except as provided by Subsection (h), and if the person

protected by the order consents after receiving the information

described by Subsection (g), the court may order the respondent to

pay a reimbursement fee for the costs associated with providing the

person protected by the order with an electronic receptor device or

with notification software installed on the person's personal

electronic device that:

(1)

is capable of receiving the global positioning

monitoring system information from the device worn by the

respondent; and

(2)

contemporaneously notifies the person if the

respondent is at or near a location that the respondent has been

ordered to refrain from going to or near under Subsection (b)(3) or

(4).

(g)

Before imposing a condition described by Subsection

(f), the court must provide to the person protected by the order

information regarding:

(1)

the person's right to participate in a global

positioning monitoring system or to refuse to participate in that

system and the procedure for requesting that the court terminate

the person's participation;

(2)

the manner in which the global positioning

monitoring system technology functions, and the risks and

limitations of that technology, and the extent to which the system

will contemporaneously track and record the person's location and

movements;

(3)

any locations that the respondent is ordered to

refrain from going to or near and the minimum distances, if any,

that the respondent must maintain from those locations;

(4)

any sanctions that the court may impose on the

respondent for violating a protective order issued under this

section and any criminal penalties for the violation;

(5)

the procedure that the person protected by the

order is to follow, and support services available to assist the

person, if the respondent violates a condition of bond or if the

global positioning monitoring system equipment or the person's

electronic receptor device or notification software fails;

(6)

community services available to assist the person

in obtaining shelter, counseling, education, child care, legal

representation, and other assistance available to address the

consequences of family violence; and

(7)

the fact that the person's communications with the

court concerning the global positioning monitoring system and any

restrictions to be imposed on the respondent's movements are not

confidential.

(h)

If the court finds that the respondent is indigent, the

court may, based on a sliding scale established by local rule,

require the respondent to pay a reimbursement fee in an amount that

is less than the full amount of the costs associated with:

(1)

operating the global positioning monitoring

system in relation to the respondent; or

(2)

providing the person protected by the order with

an electronic receptor device or with notification software

installed on the person's personal electronic device, as

applicable.

(i)

If an indigent respondent pays to an entity that

operates a global positioning monitoring system the partial amount

ordered by the court under Subsection (h), the entity shall accept

the partial amount as payment in full.

The county in which the

court that enters an order under Subsection (h) is located is not

responsible for payment of any costs associated with operating the

global positioning monitoring system in relation to an indigent

respondent.

(j)

A court that imposes a condition requiring the wearing

of a global positioning monitoring system device shall order the

entity that operates the global positioning monitoring system to

notify the court, the Department of Public Safety, the victim, and

the appropriate local law enforcement agency if a respondent

violates a condition of a protective order issued under this

section. The entity must be capable of providing an immediate,

automatic electronic notification, by text message or otherwise, on

the respondent's violation of a condition of the protective order.

If the respondent violates the protective order by entering a

prohibited location, the notification must state with specificity

the location of the respondent.

SECTION 7. Subtitle C, Title 4, Family Code, is amended by

adding Chapter 94 to read as follows:

CHAPTER 94. VICTIM SERVICES

Sec. 94.001. DEFINITIONS. In this chapter:

(1)

"Department" means the Department of Public

Safety.

(2)

"Family violence" has the meaning assigned by

Section 71.004.

(3)

"Family violence center" has the meaning assigned

by Section 51.002, Human Resources Code.

(4)

"Victim of family violence" has the meaning

assigned by Section 51.002, Human Resources Code.

Sec.

94.002.

VICTIM ASSISTANCE PROGRAM. (a)

The

department, in consultation or in conjunction with other

appropriate state agencies, shall administer a victim assistance

program to:

(1)

provide resources to victims of family violence to

assist in accessing necessary services; and

(2)

facilitate direct communications among victims of

family violence, victim service providers, family violence

centers, and law enforcement.

(b)

The department shall create and administer a searchable

database of assistance programs for victims of family violence that

may be used to connect victims with necessary services.

SECTION 8. Section 411.042, Government Code, is amended by

amending Subsection (b) and adding Subsection (k) to read as

follows:

(b) The bureau of identification and records shall:

(1) procure and file for record photographs, pictures,

descriptions, fingerprints, measurements, and other pertinent

information of all persons arrested for or charged with a criminal

offense or convicted of a criminal offense, regardless of whether

the conviction is probated;

(2) collect information concerning the number and

nature of offenses reported or known to have been committed in the

state and the legal steps taken in connection with the offenses, and

other information useful in the study of crime and the

administration of justice, including information that enables the

bureau to create a statistical breakdown of:

(A) offenses in which family violence was

involved;

(B) offenses under Sections 22.011 and 22.021,

Penal Code; and

(C) offenses under Sections 20A.02, 43.02,

43.021, 43.03, 43.031, 43.04, 43.041, and 43.05, Penal Code;

(3) make ballistic tests of bullets and firearms and

chemical analyses of bloodstains, cloth, materials, and other

substances for law enforcement officers of the state;

(4) cooperate with identification and crime records

bureaus in other states and the United States Department of

Justice;

(5) maintain a list of all previous background checks

for applicants for any position regulated under Chapter 1702,

Occupations Code, who have undergone a criminal history background

check as required by that chapter, if the check indicates a Class B

misdemeanor or equivalent offense or a greater offense;

(6) collect information concerning the number and

nature of protective orders and magistrate's orders
for
[
of
]

emergency protection and all other pertinent information about all

persons subject to active orders, including
, for each
[
pertinent

information about persons subject to conditions of bond imposed for

the protection of the victim in any family violence, sexual assault

or abuse, indecent assault, stalking, or trafficking case.

Information in the law enforcement information system relating to

an
] active order [
shall include
]:

(A) the name, sex, race, date of birth, personal

descriptors, address, and county of residence of the person to whom

the order is directed;

(B) any known identifying number of the person to

whom the order is directed, including the person's social security

number or driver's license number;

(C) the name and county of residence of the

person protected by the order;

(D) the residence address and place of employment

or business of the person protected by the order;

(E) the child-care facility or school where a

child protected by the order normally resides or which the child

normally attends;

(F) the relationship or former relationship

between the person who is protected by the order and the person to

whom the order is directed;

(G) the conditions of bond imposed on the person

to whom the order is directed, if any, for the protection of a

victim in any family violence, sexual assault or abuse, indecent

assault, stalking, or trafficking case;

(H) any minimum distance the person subject to

the order is required to maintain from the protected places or

persons;

(I)

whether a global positioning monitoring

system device is required for the person to whom the order is

directed and, if applicable, the method by which the person

protected by the order receives contemporaneous notifications of

any violations;
and

(J)
[
(I)
] the date the order expires;

(7)
collect information about defendants subject to

active conditions of bond imposed for the protection of the victim

in any family violence, sexual assault or abuse, indecent assault,

stalking, or trafficking case, including, for each defendant:

(A)

the name, sex, race, date of birth, personal

descriptors, address, and county of residence of the defendant;

(B)

any known identifying number of the

defendant, including the defendant's social security number or

driver's license number;

(C)

the name and county of residence of the

victim of the offense;

(D)

any locations that the defendant must refrain

from going to or near under the conditions of bond;

(E)

whether a global positioning monitoring

system device is required for the defendant and, if applicable, the

method by which the victim receives contemporaneous notifications

of any violations; and

(F) any other conditions of bond imposed;

(8)
grant access to criminal history record

information in the manner authorized under Subchapter F;

(9)
[
(8)
] collect and disseminate information

regarding offenders with mental impairments in compliance with

Chapter 614, Health and Safety Code; and

(10)
[
(9)
] record data and maintain a state database

for a computerized criminal history record system and computerized

juvenile justice information system that serves:

(A) as the record creation point for criminal

history record information and juvenile justice information

maintained by the state; and

(B) as the control terminal for the entry of

records, in accordance with federal law and regulations, federal

executive orders, and federal policy, into the federal database

maintained by the Federal Bureau of Investigation.

(k)

Based on data collected under Subsections (b)(6) and

(7), the department shall submit an annual report to the

legislature on the effectiveness of using a global positioning

monitoring system to reduce repeat offenses.

SECTION 9. Section 411.0845(i), Government Code, is amended

to read as follows:

(i) The release under this section of any criminal history

record information maintained by the Federal Bureau of

Investigation, including the computerized information submitted to

the federal database maintained by the Federal Bureau of

Investigation as described by Section
411.042(b)(10)(B)

[
411.042(b)(9)(B)
], is subject to federal law and regulations,

federal executive orders, and federal policy.

SECTION 10. Section 772.0077(b), Government Code, is

amended to read as follows:

(b) The criminal justice division shall establish and

administer a grant program to reimburse counties for all or part of

the costs incurred by counties as a result of monitoring in cases

involving family violence defendants and victims who participate in

a global positioning monitoring system under Article 17.292 or

17.49, Code of Criminal Procedure
, or persons who participate in a

global positioning monitoring system as a condition of a protective

order issued under Title 4, Family Code
. A grant recipient may use

funds from a grant awarded under the program only for monitoring

conducted for the purpose of restoring a measure of security and

safety for a victim of family violence.

SECTION 11. Section 38.112(a), Penal Code, is amended to

read as follows:

(a) A person who is required to submit to electronic

monitoring of the person's location as
a condition of a magistrate's

order for emergency protection under Article 17.292, Code of

Criminal Procedure, or a protective order under Section 85.022,

Family Code, 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 commits an offense if the person knowingly removes or

disables, or causes or conspires or cooperates with another person

to remove or disable, a tracking device that the person is required

to wear to enable the electronic monitoring of the person's

location.

SECTION 12. The changes in law made by this Act to Articles

17.292 and 17.49, Code of Criminal Procedure, apply 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 13. The changes in law made by this Act to Section

85.022, Family Code, and Section 772.0077(b), Government Code,

apply only to costs incurred by counties as a result of monitoring

that occurs on or after the effective date of this Act. Costs

incurred by counties as a result of monitoring that occurs before

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

the date the costs were incurred, and the former law is continued in

effect for that purpose.

SECTION 14. The Department of Public Safety of the State of

Texas is not required to submit the initial report described by

Section 411.042(k), Government Code, as added by this Act, before

December 1, 2026.

SECTION 15. The change in law made by this Act to Section

38.112, Penal Code, applies only to an offense committed on or after

the effective date of this Act. An offense committed before the

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

date the offense was committed, and the former law is continued in

effect for that purpose. For purposes of this section, an offense

was committed before the effective date of this Act if any element

of the offense occurred before that date.

SECTION 16. This Act takes effect September 1, 2025.