Bill Text: TX HB1323 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to bail proceedings and related duties of a magistrate in a criminal case.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2019-04-29 - Committee report sent to Calendars [HB1323 Detail]
Download: Texas-2019-HB1323-Comm_Sub.html
86R28632 MAW-D | |||
By: Murr, Anderson, Coleman, et al. | H.B. No. 1323 | ||
Substitute the following for H.B. No. 1323: | |||
By: Hunter | C.S.H.B. No. 1323 |
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relating to bail proceedings and related duties of a magistrate in a | ||
criminal case. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 1.07, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 1.07. RIGHT TO BAIL. (a) Except as provided by | ||
Subsection (b) or Chapter 17, any person [ |
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eligible for bail, [ |
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[ |
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evident. This provision shall not be [ |
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bail after indictment found upon examination of the evidence, in | ||
such manner as may be prescribed by law. | ||
(b) A person charged with an offense listed in Article | ||
42A.054 may be denied bail pending trial if a judge or magistrate | ||
determines by clear and convincing evidence that requiring bail and | ||
conditions of release is insufficient to reasonably ensure: | ||
(1) the person's appearance in court as required; or | ||
(2) the safety of the community or the victim of the | ||
alleged offense. | ||
SECTION 2. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Articles 17.027, 17.028, 17.034, 17.035, 17.036, | ||
and 17.037 to read as follows: | ||
Art. 17.027. DENIAL OF BAIL. A magistrate who denies a | ||
defendant's bail as authorized by Article 1.07(b) shall inform the | ||
defendant that the defendant is entitled to a bail review hearing | ||
under Article 17.034 and, as soon as practicable but not later than | ||
24 hours after denying bail, issue a written order of denial that | ||
includes findings of fact and a statement of the magistrate's | ||
reasons for the denial. | ||
Art. 17.028. BAIL SCHEDULE. A judge may not adopt a bail | ||
schedule or enter a standing order related to bail that is | ||
inconsistent with the laws of this state. | ||
Art. 17.034. BAIL REVIEW HEARING REQUIRED. (a) As soon as | ||
practicable after a defendant's bail is denied, but not later than | ||
the 10th day after the date the magistrate issues the written order | ||
denying bail as described by Article 17.027, the court in which the | ||
defendant's case is pending shall conduct a hearing regarding | ||
whether to detain the defendant pending the trial of the offense. | ||
(b) A defendant may voluntarily and intelligently waive in | ||
writing the defendant's right to a bail review hearing. The court | ||
or the attorney representing the state may not direct or encourage | ||
the defendant to waive the defendant's right to a bail review | ||
hearing. A waiver under this subsection shall be filed with and | ||
become part of the record of the proceedings. A waiver obtained in | ||
violation of this subsection is presumed invalid. A defendant may | ||
withdraw a waiver under this subsection at any time. | ||
(c) A defendant is entitled to be represented by counsel at | ||
a bail review hearing, and an indigent defendant is entitled to have | ||
counsel appointed to represent the defendant for that purpose. | ||
(d) The defendant may present any relevant information at | ||
the bail review hearing, including by testifying, presenting | ||
witnesses, and cross-examining witnesses presented by the attorney | ||
representing the state. | ||
(e) The rules of evidence applicable to criminal trials do | ||
not apply to a bail review hearing. The defendant or the attorney | ||
representing the state may request a proffer of a witness's | ||
testimony before the witness is presented. | ||
(f) A defendant may not use a bail review hearing to: | ||
(1) seek discovery or conduct an examining trial; or | ||
(2) harass a victim of or witness to the alleged | ||
offense. | ||
(g) At any time during the period occurring after the bail | ||
review hearing concludes and before the trial of the offense | ||
commences, and regardless of whether the defendant was released or | ||
confined as a result of that hearing, the court may reopen the bail | ||
review hearing based on new information that the court determines | ||
is material to the issue of whether monetary bail or conditions of | ||
release will reasonably ensure the defendant's appearance in court | ||
as required and the safety of the community and the victim of the | ||
alleged offense. | ||
Art. 17.035. BAIL REVIEW HEARING: FINDING AND ORDER. (a) | ||
In a bail review hearing, the court shall consider: | ||
(1) the nature and circumstances of the offense | ||
charged; | ||
(2) the weight of the evidence against the defendant, | ||
including whether the evidence is likely to be admissible in the | ||
trial of the offense; | ||
(3) the history and characteristics of the defendant, | ||
including: | ||
(A) the defendant's character, physical and | ||
mental condition, family ties, employment, financial resources, | ||
length of residence in and other ties to the community, past | ||
conduct, criminal history including any prior offenses involving | ||
peace officers, history relating to drug or alcohol abuse, and | ||
history of attendance at court proceedings; and | ||
(B) whether, at the time of the offense, the | ||
defendant was on community supervision, parole, or mandatory | ||
supervision or was otherwise released pending trial, sentencing, | ||
or appeal for any offense, including an offense under federal law or | ||
the law of another state; | ||
(4) the nature and seriousness of the danger to the | ||
community or the victim of the alleged offense as a result of the | ||
defendant's release on bail, if applicable; | ||
(5) the nature and seriousness of the risk of | ||
obstruction to the criminal justice process as a result of the | ||
defendant's release on bail, if applicable; | ||
(6) the results of any pretrial risk assessment of the | ||
defendant; and | ||
(7) any other relevant information. | ||
(b) After the bail review hearing, the judge shall authorize | ||
the defendant's release on bail unless the judge finds by clear and | ||
convincing evidence that requiring bail and conditions of release | ||
is insufficient to reasonably ensure the defendant's appearance in | ||
court as required or the safety of the community or the victim of | ||
the alleged offense. If the judge makes the finding described by | ||
this subsection, the judge shall: | ||
(1) deny the defendant's bail; and | ||
(2) issue a written order of denial that includes | ||
findings of fact and a statement of the judge's reasons for the | ||
denial. | ||
Art. 17.036. BAIL REVIEW HEARING: CONTINUANCE. Except for | ||
good cause shown, the court may not authorize a continuance for more | ||
than five days, excluding weekends and legal holidays. | ||
Art. 17.037. BAIL REVIEW HEARING: APPEAL. A defendant is | ||
entitled to appeal a denial of bail. The defendant shall be | ||
detained in jail pending the appeal. The court of criminal appeals | ||
shall adopt rules accelerating the disposition by the appellate | ||
court and the court of criminal appeals of an appeal under this | ||
article. | ||
SECTION 3. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.251 to read as follows: | ||
Art. 17.251. NOTIFICATION OF CONDITIONS OF RELEASE. (a) A | ||
magistrate authorizing a defendant's release on bail shall, if | ||
applicable, provide written notice to the defendant of: | ||
(1) the conditions of the defendant's release; and | ||
(2) the penalties of violating a condition of release, | ||
including the defendant's arrest. | ||
(b) The notice under Subsection (a) must be provided in a | ||
manner that is sufficiently clear and specific to serve as a guide | ||
for the defendant's conduct while released. | ||
SECTION 4. The change in law made by this Act applies only | ||
to a person who is arrested on or after September 1, 2020. A person | ||
arrested before September 1, 2020, is governed by the law in effect | ||
immediately before the effective date of this Act, and the former | ||
law is continued in effect for that purpose. | ||
SECTION 5. (a) Except as provided by Subsection (b) of this | ||
section, this Act takes effect September 1, 2019. | ||
(b) Sections 1 and 2 of this Act take effect December 1, | ||
2019, but only if the constitutional amendment proposed by the 86th | ||
Legislature, Regular Session, 2019, is approved by the voters to | ||
authorize the denial of bail to an accused person if necessary to | ||
ensure the person's appearance in court and the safety of the | ||
community and the victim of the alleged offense. If that amendment | ||
is not approved by the voters, Sections 1 and 2 of this Act have no | ||
effect. |