Bill Amendment: TX SB6 | 2021 | 87th Legislature 2nd Special Session

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: Relating to rules for setting the amount of bail, to the release of certain defendants on a monetary bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.

Status: 2021-09-17 - See remarks for effective date [SB6 Detail]

Download: Texas-2021-SB6-House_Amendment_H_2_8-Clardy.html

---

Amend CSSB 6 (house committee report) by adding the following appropriately numbered SECTION to the bill and renumbering subsequent SECTIONS of the bill accordingly:

SECTION ____.  Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.071 to read as follows:

Art. 17.071.  CHARITABLE BAIL ORGANIZATIONS. (a) In this article, "charitable bail organization" means a person who accepts and uses donations from the public to deposit money with a court in the amount of a defendant's bail bond. The term does not include:

(1)  a person accepting donations with respect to a defendant who is a member of the person's family, as determined under Section 71.003, Family Code; or

(2)  a nonprofit corporation organized for the purpose of religious worship.

(b)  This article does not apply to a charitable bail organization that pays a bail bond for not more than three defendants in any 180-day period.

(c)  A person may not act as a charitable bail organization for the purpose of paying a defendant's bail bond in a county unless the person:

(1)  is a nonprofit organization exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code; and

(2)  has been issued a certificate under Subsection (d) with respect to that county.

(d)  A county clerk shall issue to a charitable bail organization a certificate authorizing the organization to pay bail bonds in the county if the clerk determines the organization is:

(1)  a nonprofit organization described by Subsection (c)(1); and

(2)  current on all filings required by the Internal Revenue Code.

(e)  A charitable bail organization shall file in the office of the county clerk of each county where the organization intends to pay bail bonds an affidavit designating the individuals authorized to pay bonds on behalf of the organization.

(f)  Not later than the 10th day of each month, a charitable bail organization shall submit, to the sheriff of each county in which the organization files an affidavit under Subsection (e), a report that includes the following information for each defendant for whom the organization paid a bail bond in the preceding calendar month:

(1)  the name of the defendant;

(2)  the cause number of the case;

(3)  the county in which the applicable charge is pending, if different from the county in which the bond was paid; and

(4)  any dates on which the defendant has failed to appear in court as required for the charge for which the bond was paid.

(f-1)  A sheriff who receives a report under Subsection (f) shall provide a copy of the report to the Office of Court Administration of the Texas Judicial System.

(g)  A charitable bail organization may not pay a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this article.

(h)  The sheriff of a county may suspend a charitable bail organization from paying bail bonds in the county for a period not to exceed one year if the sheriff determines the organization has paid one or more bonds in violation of this article and the organization has received a warning from the sheriff in the preceding 12-month period for another payment of bond made in violation of this article. The sheriff shall report the suspension to the Office of Court Administration of the Texas Judicial System.

(i)  Chapter 22 applies to a bail bond paid by a charitable bail organization.

(j)  A charitable bail organization may not accept a premium or compensation for paying a bail bond for a defendant.

(k)  Not later than December 1 of each year, the Office of Court Administration of the Texas Judicial System shall prepare and submit, to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary, a report regarding the information submitted to the office under Subsections (f-1) and (h) for the preceding state fiscal year.