Amends TCA Title 36; Title 39 and Title 40.

Present law generally requires a magistrate to impose one or more of the following conditions of release or bail on a defendant who was arrested for domestic violence (or certain other offenses) to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding:<br /> <br /> (1) An order enjoining the defendant from threatening to commit or committing specified offenses against the alleged victim;<br /> <br /> (2) An order prohibiting the defendant from communicating with the alleged victim;<br /> <br /> (3) An order directing the defendant to vacate or stay away from the home of the alleged victim and to stay away from any other location where the victim is likely to be;<br /> <br /> (4) An order prohibiting the defendant from using or possessing a firearm or other weapon specified by the magistrate;<br /> <br /> (5) An order prohibiting the defendant from possession or consumption of alcohol, controlled substances or controlled substance analogues;<br /> <br /> (6) An order requiring the defendant to carry or wear a GPS monitoring device; and<br /> <br /> (7) Any other order required to protect the safety of the alleged victim and to ensure the appearance of the defendant in court.<br /> <br /> This bill adds a requirement that a magistrate, as a condition of release or bail, order a person arrested for domestic violence to vacate or stay away from the place where the victim resides for a period of 24 hours following the person's release.<br /> <br /> ON MARCH 10, 2022, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1459, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill and adds to the present law provisions governing bail that following the arrest of a person for the offense of aggravated assault under circumstances (see below) in which the alleged victim of the offense is a domestic abuse victim, the court or magistrate must make a finding whether there is probable cause to believe the respondent:<br /> <br /> (A) Caused serious bodily injury to the alleged domestic abuse victim;<br /> <br /> (B) Strangled or attempted to strangle the alleged domestic abuse victim; or<br /> <br /> (C) Used or displayed a deadly weapon.<br /> <br /> If the court or magistrate finds probable cause to believe that one or more of the circumstances in (A)-(C) did occur, unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety, then the court or magistrate may, in addition to the 12-hour hold period and victim notification requirements in present law, extend the 12-hour hold period up to 24 hours after the time of arrest. Also, prior to the offender's release on bond, the court or magistrate must issue a no contact order containing all of the bond conditions set out in this section that are applicable to the protection of the domestic abuse victim.<br />