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.