HB 1005 Goes Into Effect September 1- Are You Ready?


I.    Introduction

HB 1005 was a bill filed by Representative Leman.  The bill addresses the conditions for defendants charged with certain crimes.  

II.    Crimes To Which Bill Applies

These crimes involve the following:

  •     an offense under 20A.02 of the Texas Penal Code (Trafficking of Persons);
  •     an offense under 20A.03 of the Texas Penal Code (Continuous Trafficking of Persons);
  •     an offense under 43.02 of the Texas Penal Code (Public Indecency);
  •     an offense under 43.03 of the Texas Penal Code (Promotion of Prostitution);
  •     an offense under 43.031 of the Texas Penal Code (Online Promotion of Prostitution);
  •     an offense under 43.04 of the Texas Penal Code (Aggravated Promotion of Prostitution);
  •     an offense under 43.041 of the Texas Penal Code (Online Aggravated Promotion of Prostitution); and 
  •     an offense under 43.05 of the Texas Penal Code (Compelling Prostitution).
III.    Bills Requires Magistrate to Impose Certain Conditions When Defendant is Admitted to Bail

The main portion of the bill sets out additional conditions that must be imposed when the defendant is admitted to bail.  These conditions include that the defendant cannot communication directly or indirectly with the victim or go to or near the residence or place of employment or business of the victim.  

If there is an allegation that the defendant violated the conditions of the bond, the hearing is based upon a preponderance of the evidence.  If the magistrates finds that the defendant violated one of the conditions his bond shall be revoked and returned to custody.  Once the defendant is placed in custody, the surety's bond is discharged.

IV.    Additional Requisites of Bail Bond for Defendants Charged With One of These Offenses

The bill also creates article 17.081 of the Texas Code of Criminal Procedure which adds additional requisites for a bail bond given by a defendant charged with one of the offenses set out above.  

The bail bond for the defendant must include the address, identification number, and state of issuance as shown on a valid driver's license or identification card for the defendant and any surety, including any agent executing the bail bond on behalf of a corporation acting as surety.

V.    When Does HB 1005 Go Into Effect

September 1, 2021.

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