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.