Fiscal Summary
Increase State Expenditures – $65,800/FY24-25 and Subsequent Years/
Electronic Indigency Monitoring Fund
Increase Local Expenditures – $65,800/FY24-25 and Subsequent Years*
Bill Summary
REQUIREMENT OF GLOBAL POSITIONING MONITORING DEVICE
Present law provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety 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 present law that are applicable to the protection of the domestic abuse victim.
This bill adds that prior to the offender's release on bond, the court or magistrate must order the defendant to wear a global positioning monitoring system device as set forth in this bill. "Global positioning monitoring system" is defined in this bill as a system that electronically determines and reports the location of an individual through the use of a transmitter or similar device worn by the individual that transmits latitude and longitude data to a monitoring entity through global positioning satellite technology; and 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.
CONDITIONS OF BAIL
Present law provides that before releasing a person arrested for or charged with an offense specified in present law, or a violation of an order of protection, the magistrate must make findings on the record, if possible, concerning the determination made in accordance with present law and must impose one or more conditions of release or bail on the defendant to protect the alleged victim of any such offense and to ensure the appearance of the defendant at a subsequent court proceeding.
This bill amends the above provision to provide, instead, that the court or magistrate may order a defendant who is arrested for the offense of stalking, aggravated stalking, or especially aggravated stalking, any criminal offense against a person, in which the alleged victim of the offense is a domestic abuse victim, sexual assault victim, or stalking victim, or is in violation of an order of protection as authorized by to do the following as a condition of bail:
(1) Wear a global positioning monitoring system device and, except as provided in present law, pay the costs associated with operating that system in relation to the defendant; and
(2) If the alleged victim of the offense consents after receiving a copy of the conditions of release and, except as provided in present law, pay the costs associated with providing the victim with a cellular device application or an electronic receptor device that (i) is capable of receiving the global positioning monitoring system information from the device worn by the defendant; (ii) 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; and (iii) notifies the victim if the defendant is within a prescribed proximity of the victim's cellular device or electronic receptor device.
Additionally, this bill provides that if the court or magistrate finds probable cause to believe that one or more of the circumstances in present law did occur, then unless the court or magistrate finds the offender no longer poses a threat to the alleged victim or public safety and makes such a finding in a written order, the court or magistrate must order a defendant who is charged with the offense of aggravated assault in which the alleged victim of the offense is a domestic abuse victim, to do the following in (1) and (2) above as a condition of bail.
RELEASED WITHOUT GLOBAL POSITIONING MONITORING SYSTEM DEVICE
This bill provides that if a defendant is released without a global positioning monitoring system device, then the court or magistrate must make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity.
IMMUNE FROM CIVIL OR CRIMINAL LIABILITY
This bill provides that if a victim voluntarily chooses not to utilize a cellular device application that supports offender proximity monitoring or is noncompliant with correct usage of the application, then the special duty exception to the public duty doctrine does not apply, and the qualified contract service provider and the manufacturer of the global positioning monitoring system device are immune from civil or criminal liability resulting from the victim's choice or noncompliance.
As used in this bill, a "qualified contract service provider" means a private or public entity that meets the certain listed qualifications under present law; has a written agreement with the issuing court that designates specific persons to receive notifications and alerts; and maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by text message or electronic mail.
NOTIFICATION OF VIOLATION
Present law requires that the magistrate that imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the magistrate and the appropriate local law enforcement agency if a defendant violates a condition of bond imposed under present law.
This bill amends the above provision to require, instead, that the magistrate imposes a condition described under present law to order the entity that operates the global positioning monitoring system to notify the law enforcement employee designated in present law and the appropriate emergency communications dispatch center if a defendant violates a condition of bond imposed under this present law.
CONTRACT SERVICE PROVIDER - REQUIREMENT
This bill requires each county or municipality in which the court ordering the monitoring is located to enter into a written agreement with a qualified contract service provider.
CONTRACT SERVICE PROVIDER - NOT CIVILLY OR CRIMINALLY LIABLE
This bill provides that a qualified contract service provider and the manufacturer of the global positioning monitoring system device are not civilly or criminally liable for injuries or damages resulting from actions of the defendant when the actions of those entities and the entities' employees are in accordance with present law and done in good faith and without gross negligence or malice.
ON APRIL 18, 2024, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 1972, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Names this bill "The Debbie and Marie Domestic Violence Protection Act";
(2) Revises present law that provides that if the magistrate determines that the defendant is indigent, then the magistrate must order the defendant to pay any portion of the costs associated with operating a global positioning monitoring system device that the defendant has the ability to pay, as determined by the magistrate. Any portion of the costs that the defendant is unable to pay must come from the electronic monitoring indigency fund, subject to the availability of funds. This amendment deletes such provisions and, instead, requires a defendant ordered to wear a global positioning monitoring system device, or to provide the victim with a cellular device application or an electronic receptor, to pay all costs associated with operating that system in relation to the defendant and all costs associated with providing the victim with such application or device. This amendment clarifies that the defendant is not eligible for assistance from the electronic monitoring indigency fund, regardless of whether the defendant is indigent; and
(3) Removes any exceptions for a defendant paying the costs associated with (i) operating a global positioning monitoring system device or (ii) providing the victim with a cellular device application or an electronic receptor device from this bill.
AMENDMENT #2 revises the provision providing that if a defendant is released without a global positioning monitoring system device, then the court or magistrate must make reasonable efforts to directly contact the victim and notify the victim that the offender will be released without a global positioning monitoring system device and the victim will not be provided with access to notifications of the offender's proximity by, instead, only requiring the court to make such reasonable efforts.
ON APRIL 22, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1972 FOR HOUSE BILL 2692, ADOPTED AMENDMENT #2, AND PASSED SENATE BILL 1972, AS AMENDED.
AMENDMENT #2 adds that a "global positioning monitoring system" also means a system that maintains a monitoring center that is staffed 24 hours a day, seven days a week and capable of immediately notifying the law enforcement employee designee and the appropriate emergency communications dispatch center of violations by call, text message, or electronic mail as required by the bill.
House Floor and Committee Votes
House moved to substitute and conform to SB1972
SB1972 by Rose - FLOOR VOTE: REGULAR CALENDAR AS AMENDED PASSAGE ON THIRD CONSIDERATION 4/22/2024
Passed
Ayes...............................................94
Noes................................................1
Representatives voting aye were: Alexander, Barrett, Baum, Behn, Boyd, Bricken, Bulso, Burkhart, Butler, Camper, Capley, Carr, Carringer, Cepicky, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Garrett, Gillespie, Glynn, Grills, Hakeem, Hardaway, Harris, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Hill, Holsclaw, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Jones, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Marsh, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moody, Moon, Parkinson, Powell, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Thompson, Todd, Towns, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 94.
Representatives voting no were: Pearson -- 1.
HB2692 by Doggett - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 4/18/2024 4/17/2024
Voice Vote - Ayes Prevail
HB2692 by Doggett - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
Rec. for pass. if am., ref. to Calendar & Rules Committee 4/17/2024
Voice Vote - Ayes Prevail
HB2692 by Doggett - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Finance, Ways, and Means Committee 4/17/2024
Voice Vote - Ayes Prevail
HB2692 by Doggett - HOUSE CRIMINAL JUSTICE COMMITTEE:
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee 2/20/2024
Voice Vote - Ayes Prevail
HB2692 by Doggett - HOUSE CRIMINAL JUSTICE SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Criminal Justice Committee 2/13/2024
Voice Vote - Ayes Prevail
Senate Floor and Committee Votes
SB1972 by Rose - FLOOR VOTE: Motion to Concur House Amendment # 2 4/23/2024
Passed
Ayes...............................................30
Noes................................................0
Senators voting aye were: Akbari, Bailey, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lamar, Lowe, Lundberg, Massey, Niceley, Oliver, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 30.
SB1972 by Rose - FLOOR VOTE: as Amended Third Consideration 4/18/2024
Passed
Ayes...............................................31
Noes................................................0
Senators voting aye were: Akbari, Bailey, Bowling, Briggs, Campbell, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Lowe, Lundberg, Massey, Niceley, Oliver, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 31.
SB1972 by Rose - SENATE FINANCE, WAYS AND MEANS COMMITTEE:
Recommended for passage, refer to Senate Calendar Committee 4/16/2024
Passed
Ayes...............................................10
Noes................................................1
Senators voting aye were: Haile, Hensley, Johnson, Powers, Stevens, Walley, Watson, White, Yager, Yarbro -- 10.
Senators voting no were: Lamar -- 1.
SB1972 by Rose - SENATE JUDICIARY COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 8, Nays 0 PNV 0 3/5/2024
Passed
Ayes................................................8
Noes................................................0
Senators voting aye were: Gardenhire, Kyle, Lundberg, Roberts, Rose, Stevens, Taylor, White -- 8.
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