Bill Text: TX HB2 | 2021 | 87th Legislature 1st Special Session | Introduced
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.
Sponsorship: Partisan Bill (Republican 59)
Status: (Introduced - Dead) 2021-07-17 - Committee report sent to Calendars [HB2 Detail]
Download: Texas-2021-HB2-Introduced.html
| 87S10423 LHC-D | ||
| By: Smith | H.B. No. 2 | |
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| 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. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Damon Allen Act. | ||
| SECTION 2. Article 1.07, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 1.07. RIGHT TO BAIL. Any person [ |
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| be eligible for bail [ |
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| permitted by the Texas Constitution or by other law [ |
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| be [ |
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| examination of the evidence, in such manner as may be prescribed by | ||
| law. | ||
| SECTION 3. Article 17.02, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a | ||
| written undertaking entered into by the defendant and the | ||
| defendant's sureties for the appearance of the principal therein | ||
| before a court or magistrate to answer a criminal accusation; | ||
| provided, however, that the defendant on execution of the bail bond | ||
| may deposit with the custodian of funds of the court in which the | ||
| prosecution is pending current money of the United States in the | ||
| amount of the bond in lieu of having sureties signing the same. Any | ||
| cash funds deposited under this article shall be receipted for by | ||
| the officer receiving the funds and, on order of the court, be | ||
| refunded in the amount shown on the face of the receipt less the | ||
| administrative fee authorized by Section 117.055, Local Government | ||
| Code, if applicable, after the defendant complies with the | ||
| conditions of the defendant's bond, to: | ||
| (1) any person in the name of whom a receipt was | ||
| issued, including the defendant if a receipt was issued to the | ||
| defendant; or | ||
| (2) the defendant, if no other person is able to | ||
| produce a receipt for the funds. | ||
| SECTION 4. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027, | ||
| and 17.028 to read as follows: | ||
| Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office | ||
| of Court Administration of the Texas Judicial System shall develop | ||
| and maintain a public safety report system that is available for use | ||
| for purposes of Article 17.15. | ||
| (b) The public safety report system must: | ||
| (1) state the requirements for setting bail under | ||
| Article 17.15; | ||
| (2) provide identifying information regarding the | ||
| defendant, the case filed against the defendant, and the offense | ||
| with which the defendant is charged; | ||
| (3) provide information on the eligibility of the | ||
| defendant for a personal bond; | ||
| (4) provide information regarding the applicability | ||
| of any required or discretionary bond conditions; and | ||
| (5) provide, in summary form, the criminal history of | ||
| the defendant, including information regarding any: | ||
| (A) previous misdemeanor or felony convictions; | ||
| (B) pending charges; | ||
| (C) previous sentences imposing a term of | ||
| confinement; | ||
| (D) previous convictions or pending charges for | ||
| offenses involving violence as defined by Article 17.03; and | ||
| (E) previous failures of the defendant to appear | ||
| in court following release on bail. | ||
| (c) The office shall provide access to the public safety | ||
| report system to the appropriate officials in each county at no | ||
| cost. This subsection may not be construed to require the office to | ||
| provide a county official or magistrate with any equipment or | ||
| support related to accessing or using the public safety report | ||
| system. | ||
| (d) The public safety report system may not: | ||
| (1) be the only item relied on by a judge or magistrate | ||
| in making a bail decision; | ||
| (2) include a score, rating, or assessment of a | ||
| defendant's risk or make any recommendation regarding the | ||
| appropriate bail for the defendant; or | ||
| (3) include any information other than the information | ||
| listed in Subsection (b). | ||
| Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate | ||
| considering the release on bail of a defendant charged with an | ||
| offense punishable as a Class B misdemeanor or any higher category | ||
| of offense shall order that: | ||
| (1) the personal bond office established under Article | ||
| 17.42 for the county in which the defendant is being detained, or | ||
| other suitably trained person, use the public safety report system | ||
| developed under Article 17.021 to prepare a public safety report | ||
| with respect to the defendant; and | ||
| (2) the public safety report prepared under | ||
| Subdivision (1) be provided to the magistrate as soon as | ||
| practicable but not later than 48 hours after the defendant's | ||
| arrest. | ||
| (b) A magistrate may not, without the consent of the | ||
| sheriff, order a sheriff or sheriff's department personnel to | ||
| prepare a public safety report under Subsection (a). | ||
| (c) Notwithstanding Subsection (a), a magistrate may | ||
| personally prepare a public safety report, before or while making a | ||
| bail decision, using the public safety report system developed | ||
| under Article 17.021. | ||
| (d) The magistrate shall consider the public safety report | ||
| before setting bail. | ||
| Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. | ||
| (a) This article applies only to a defendant charged with an | ||
| offense that is: | ||
| (1) punishable as a felony; or | ||
| (2) a misdemeanor punishable by confinement. | ||
| (b) Notwithstanding any other law, a defendant to whom this | ||
| article applies may be released on bail only by a magistrate who is: | ||
| (1) either: | ||
| (A) a resident of this state and one of the | ||
| counties served by the magistrate; or | ||
| (B) a justice of the peace serving under Section | ||
| 27.054 or 27.055, Government Code; and | ||
| (2) in compliance with the training requirements of | ||
| Article 17.024. | ||
| (c) A magistrate is not eligible to release on bail a | ||
| defendant described by Subsection (a) if the magistrate: | ||
| (1) has been removed from office by impeachment, by | ||
| the supreme court, by the governor on address to the legislature, by | ||
| a tribunal reviewing a recommendation of the State Commission on | ||
| Judicial Conduct, or by the legislature's abolition of the | ||
| magistrate's court; or | ||
| (2) has resigned from office after having received | ||
| notice that formal proceedings by the State Commission on Judicial | ||
| Conduct have been instituted as provided by Section 33.022, | ||
| Government Code, and before final disposition of the proceedings. | ||
| Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The | ||
| Office of Court Administration of the Texas Judicial System shall, | ||
| in consultation with the court of criminal appeals, develop or | ||
| approve training courses regarding a magistrate's duties, | ||
| including duties with respect to setting bail in criminal cases. | ||
| The courses developed must include: | ||
| (1) an eight-hour initial training course; and | ||
| (2) a two-hour continuing education course. | ||
| (b) The office shall provide for a method of certifying that | ||
| a magistrate has successfully completed a training course required | ||
| under this article and has demonstrated competency of the course | ||
| content in a manner acceptable to the office. | ||
| (c) A magistrate is in compliance with the training | ||
| requirements of this article if: | ||
| (1) not later than the 90th day after the date the | ||
| magistrate takes office, the magistrate successfully completes the | ||
| course described by Subsection (a)(1); | ||
| (2) the magistrate successfully completes the course | ||
| described by Subsection (a)(2) in each subsequent state fiscal | ||
| biennium in which the magistrate serves; and | ||
| (3) the magistrate demonstrates competency in a manner | ||
| acceptable to the office. | ||
| (c-1) Notwithstanding Subsection (c), a magistrate who is | ||
| serving on December 1, 2021, is considered to be in compliance with | ||
| Subsection (c)(1) if the magistrate successfully completes the | ||
| training course not later than July 1, 2022. This subsection | ||
| expires February 1, 2023. | ||
| (d) Any course developed or approved by the office under | ||
| this article may be administered by the Texas Justice Court | ||
| Training Center, the Texas Municipal Courts Education Center, the | ||
| Texas Association of Counties, the Texas Center for the Judiciary, | ||
| or a similar entity. | ||
| Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH | ||
| OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other | ||
| law, if a defendant is charged with committing an offense while | ||
| released on bail for another offense: | ||
| (1) if the subsequent offense was committed in the | ||
| same county as the previous offense, only the court before whom the | ||
| case for the previous offense is pending may release the defendant | ||
| on bail; and | ||
| (2) if the subsequent offense was committed in a | ||
| different county than the previous offense, electronic notice of | ||
| the charge must be promptly given to the court specified by | ||
| Subdivision (1) for purposes of reevaluating the bail decision, | ||
| determining whether any bail conditions were violated, or taking | ||
| any other applicable action. | ||
| (b) This article may not be construed to extend any deadline | ||
| provided by Article 15.17. | ||
| Art. 17.028. BAIL DECISION. (a) Without unnecessary delay | ||
| but not later than 48 hours after a defendant is arrested, a | ||
| magistrate shall order, after individualized consideration of all | ||
| circumstances and of the factors required by Article 17.15(a), that | ||
| the defendant be: | ||
| (1) granted personal bond with or without conditions; | ||
| (2) granted monetary bond with or without conditions; | ||
| or | ||
| (3) denied bail in accordance with the Texas | ||
| Constitution and other law. | ||
| (b) In setting bail under this article, the magistrate shall | ||
| impose the least restrictive conditions, if any, and the personal | ||
| bond or monetary bond necessary to reasonably ensure the | ||
| defendant's appearance in court as required and the safety of the | ||
| community, law enforcement, and the victim of the alleged offense. | ||
| (c) In each criminal case, unless specifically provided by | ||
| other law, there is a rebuttable presumption that bail, conditions | ||
| of release, or both bail and conditions of release are sufficient to | ||
| reasonably ensure the defendant's appearance in court as required | ||
| and the safety of the community, law enforcement, and the victim of | ||
| the alleged offense. For purposes of setting bail or rebutting the | ||
| presumption, the court may not consider testimonial evidence. | ||
| (d) A judge may not adopt a bail schedule or enter a standing | ||
| order related to bail that: | ||
| (1) is inconsistent with this article; or | ||
| (2) authorizes a magistrate to make a bail decision | ||
| for a defendant without considering each of the factors in Article | ||
| 17.15(a). | ||
| (e) A defendant who is denied bail or who is unable to give | ||
| bail in the amount required by any bail schedule or standing order | ||
| related to bail shall be provided with the warnings described by | ||
| Article 15.17. | ||
| (f) A defendant who claims to be unable to give bail as | ||
| described by Subsection (e) may file with the applicable magistrate | ||
| a sworn affidavit in substantially the following form: | ||
| "On this ___ day of _____ , 2____, I have been advised by the | ||
| (name of the court) Court of the importance of providing true and | ||
| complete information about my financial situation in connection | ||
| with the charge pending against me. I am without means to pay | ||
| ______ and I hereby request the court to set an appropriate bail. | ||
| (signature of defendant)." | ||
| (g) A defendant filing an affidavit under Subsection (f) | ||
| shall complete a form to allow a magistrate to assess information | ||
| relevant to the defendant's financial situation. The form must be | ||
| the form used to request appointment of counsel under Article 26.04 | ||
| or a form promulgated by the Office of Court Administration of the | ||
| Texas Judicial System that collects, at a minimum and to the best of | ||
| the defendant's knowledge, the following information: | ||
| (1) any income received by the defendant and the | ||
| defendant's spouse in the preceding two years; | ||
| (2) the defendant's employment history and the | ||
| employment history of the defendant's spouse, including gross | ||
| monthly pay, for the preceding two years; | ||
| (3) any cash holdings available to the defendant or | ||
| the defendant's spouse and the financial institution in which the | ||
| cash is held; | ||
| (4) the defendant's major noncash assets, including | ||
| real estate and motor vehicles; | ||
| (5) money owed to the defendant or to the defendant's | ||
| spouse; | ||
| (6) any dependents of the defendant or of the | ||
| defendant's spouse, and the dependents' ages; | ||
| (7) an itemized estimate of the defendant's monthly | ||
| expenses; | ||
| (8) an estimate of the defendant's tax and legal | ||
| expenses; | ||
| (9) any anticipated major changes in the defendant's | ||
| income or expenses; and | ||
| (10) any additional relevant information the | ||
| defendant is able to provide to explain the defendant's inability | ||
| to pay bail according to the schedule. | ||
| (h) A defendant who files an affidavit under Subsection (f) | ||
| is entitled to a hearing before the magistrate on the bail amount. | ||
| The hearing must be held not later than 48 hours after the defendant | ||
| is arrested. At the hearing, the defendant must be given the | ||
| opportunity to present evidence and respond to evidence presented | ||
| by the attorney representing the state. After the hearing, the | ||
| magistrate shall consider the facts presented and the rules | ||
| established by Article 17.15(a) and shall set the defendant's bail. | ||
| If the magistrate does not set the defendant's bail in an amount | ||
| below the amount required by the schedule, the magistrate shall | ||
| issue written findings of fact supporting the bail decision. | ||
| (i) The judges of the courts trying criminal cases in a | ||
| county must report to the Office of Court Administration of the | ||
| Texas Judicial System each defendant for whom a hearing under | ||
| Subsection (h) was not held within 48 hours of the defendant's | ||
| arrest. If a delay occurs that will cause the hearing under | ||
| Subsection (h) to be held later than 48 hours after the defendant's | ||
| arrest, the magistrate or an employee of the court or of the county | ||
| in which the defendant is confined must notify the defendant's | ||
| counsel of the delay. | ||
| (j) The magistrate may enter an order or take other action | ||
| authorized by Article 16.22 with respect to a defendant who does not | ||
| appear competent to execute an affidavit under Subsection (f). | ||
| (k) This article may not be construed to require the filing | ||
| of an affidavit before a magistrate considers the defendant's | ||
| ability to make bail under Article 17.15. | ||
| (l) A written or oral statement obtained under this article | ||
| or evidence derived from the statement may be used only to determine | ||
| whether the defendant is indigent, to impeach the direct testimony | ||
| of the defendant, or to prosecute the defendant for an offense under | ||
| Chapter 37, Penal Code. | ||
| SECTION 5. Article 17.03, Code of Criminal Procedure, as | ||
| effective September 1, 2021, is amended by amending Subsection (b) | ||
| and adding Subsections (b-2) and (b-3) to read as follows: | ||
| (b) Only the court before whom the case is pending may | ||
| release on personal bond a defendant who: | ||
| (1) is charged with an offense under the following | ||
| sections of the Penal Code: | ||
| (A) [ |
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| [ |
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| [ |
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| [ |
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| [ |
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| [ |
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| [ |
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| (B) [ |
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| Criminal Activity); | ||
| [ |
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| [ |
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| (2) is charged with a felony under Chapter 481, Health | ||
| and Safety Code, or Section 485.033, Health and Safety Code, | ||
| punishable by imprisonment for a minimum term or by a maximum fine | ||
| that is more than a minimum term or maximum fine for a first degree | ||
| felony; or | ||
| (3) does not submit to testing for the presence of a | ||
| controlled substance in the defendant's body as requested by the | ||
| court or magistrate under Subsection (c) of this article or submits | ||
| to testing and the test shows evidence of the presence of a | ||
| controlled substance in the defendant's body. | ||
| (b-2) Notwithstanding any other law, a defendant may not be | ||
| released on personal bond if the defendant: | ||
| (1) is charged with an offense involving violence; or | ||
| (2) while released on bail or community supervision | ||
| for an offense involving violence, is charged with committing: | ||
| (A) any offense punishable as a felony; or | ||
| (B) an offense under the following provisions of | ||
| the Penal Code: | ||
| (i) Section 22.01(a)(1) (assault); | ||
| (ii) Section 22.05 (deadly conduct); | ||
| (iii) Section 22.07 (terroristic threat); | ||
| or | ||
| (iv) Section 42.01(a)(7) or (8) (disorderly | ||
| conduct involving firearm). | ||
| (b-3) In this article: | ||
| (1) "Controlled substance" has the meaning assigned by | ||
| Section 481.002, Health and Safety Code. | ||
| (2) "Offense involving violence" means an offense | ||
| under the following provisions of the Penal Code: | ||
| (A) Section 19.02 (murder); | ||
| (B) Section 19.03 (capital murder); | ||
| (C) Section 20.03 (kidnapping); | ||
| (D) Section 20.04 (aggravated kidnapping); | ||
| (E) Section 20A.02 (trafficking of persons); | ||
| (F) Section 20A.03 (continuous trafficking of | ||
| persons); | ||
| (G) Section 21.02 (continuous sexual abuse of | ||
| young child or disabled individual); | ||
| (H) Section 21.11 (indecency with a child); | ||
| (I) Section 22.01(a)(1) (assault), if the | ||
| offense: | ||
| (i) is punishable as a felony of the second | ||
| degree under Subsection (b-2) of that section; or | ||
| (ii) involved family violence as defined by | ||
| Section 71.004, Family Code; | ||
| (J) Section 22.011 (sexual assault); | ||
| (K) Section 22.02 (aggravated assault); | ||
| (L) Section 22.021 (aggravated sexual assault); | ||
| (M) Section 22.04 (injury to a child, elderly | ||
| individual, or disabled individual); | ||
| (N) Section 25.072 (repeated violation of | ||
| certain court orders or conditions of bond in family violence, | ||
| child abuse or neglect, sexual assault or abuse, indecent assault, | ||
| stalking, or trafficking case); | ||
| (O) Section 25.11 (continuous violence against | ||
| the family); | ||
| (P) Section 29.03 (aggravated robbery); | ||
| (Q) Section 38.14 (taking or attempting to take | ||
| weapon from peace officer, federal special investigator, employee | ||
| or official of correctional facility, parole officer, community | ||
| supervision and corrections department officer, or commissioned | ||
| security officer); | ||
| (R) Section 43.04 (aggravated promotion of | ||
| prostitution); | ||
| (S) Section 43.05 (compelling prostitution); or | ||
| (T) Section 43.25 (sexual performance by a | ||
| child). | ||
| SECTION 6. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Articles 17.0501 and 17.071 to read as follows: | ||
| Art. 17.0501. REQUIRED TRAINING. The Department of Public | ||
| Safety shall develop training courses that relate to the use of the | ||
| statewide telecommunications system maintained by the department | ||
| and that are directed to each magistrate, judge, sheriff, peace | ||
| officer, or jailer required to obtain criminal history record | ||
| information under this chapter, as necessary to enable the person | ||
| to fulfill those requirements. | ||
| Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this | ||
| article, "charitable bail organization" means a person who solicits | ||
| donations from the public for the purpose of depositing money with a | ||
| court in the amount of a defendant's bail bond. The term does not | ||
| include: | ||
| (1) a person soliciting 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 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. | ||
| (d) A charitable bail organization may only pay bail bonds | ||
| for indigent defendants who: | ||
| (1) are not charged with an offense involving violence | ||
| as defined by Article 17.03; and | ||
| (2) have not previously been convicted of an offense | ||
| involving violence as defined by Article 17.03. | ||
| (e) 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 (c), 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) 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. | ||
| (g) A sheriff may suspend a charitable bail organization | ||
| from paying bail bonds in the sheriff's county for one year if the | ||
| sheriff determines the organization has paid bonds in violation of | ||
| this article. | ||
| (h) Chapter 22 applies to a bail bond paid by a charitable | ||
| bail organization. | ||
| (i) A charitable bail organization may not accept a premium | ||
| or compensation for paying a bail bond for a defendant. | ||
| SECTION 7. Article 17.15, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 17.15. RULES FOR SETTING [ |
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| The amount of bail and any conditions of bail to be required in any | ||
| case are [ |
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| officer taking the bail in accordance with Articles 17.20, 17.21, | ||
| and 17.22 and [ |
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| 1. Bail and any conditions of bail [ |
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| sufficient [ |
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| the undertaking will be complied with. | ||
| 2. The power to require bail is not to be [ |
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| [ |
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| 3. The nature of the offense and the circumstances | ||
| under which the offense [ |
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| including whether the offense: | ||
| (A) is an offense involving violence as defined | ||
| by Article 17.03; or | ||
| (B) involves violence directed against a peace | ||
| officer. | ||
| 4. The ability to make bail shall [ |
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| [ |
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| 5. The future safety of a victim of the alleged | ||
| offense, law enforcement, and the community shall be considered. | ||
| 6. The criminal history record information for the | ||
| defendant, including information obtained through the statewide | ||
| telecommunications system maintained by the Department of Public | ||
| Safety and through the public safety report system developed under | ||
| Article 17.021, shall be considered, including any acts of family | ||
| violence, other pending criminal charges, and any instances in | ||
| which the defendant failed to appear in court following release on | ||
| bail. | ||
| 7. The citizenship status of the defendant shall be | ||
| considered. | ||
| (b) For purposes of determining whether clear and | ||
| convincing evidence exists to deny a person bail under Section 11d, | ||
| Article I, Texas Constitution, a magistrate shall consider all | ||
| information relevant to the factors listed in Subsection (a). | ||
| (c) In this article, "family violence" has the meaning | ||
| assigned by Section 71.004, Family Code. | ||
| SECTION 8. Article 17.20, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of | ||
| misdemeanor, the sheriff or other peace officer, or a jailer | ||
| licensed under Chapter 1701, Occupations Code, may, whether during | ||
| the term of the court or in vacation, where the officer has a | ||
| defendant in custody, take the defendant's [ |
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| bail [ |
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| (b) Before taking bail under this article, the sheriff, | ||
| peace officer, or jailer shall obtain the defendant's criminal | ||
| history record information through the statewide | ||
| telecommunications system maintained by the Department of Public | ||
| Safety and through the public safety report system developed under | ||
| Article 17.021. | ||
| (c) If the defendant is charged with or has previously been | ||
| convicted of an offense involving violence as defined by Article | ||
| 17.03, the sheriff, officer, or jailer may not set the amount of the | ||
| defendant's bail but may take the defendant's bail in the amount set | ||
| by the court. | ||
| SECTION 9. Article 17.22, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case, | ||
| if the court before which the case [ |
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| session in the county where the defendant is in custody, the sheriff | ||
| or other peace officer, or a jailer licensed under Chapter 1701, | ||
| Occupations Code, who has the defendant in custody may take the | ||
| defendant's bail [ |
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| [ |
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| considers [ |
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| Article 17.15. | ||
| (b) Before taking bail under this article, the sheriff, | ||
| peace officer, or jailer shall obtain the defendant's criminal | ||
| history record information through the statewide | ||
| telecommunications system maintained by the Department of Public | ||
| Safety and through the public safety report system developed under | ||
| Article 17.021. | ||
| (c) If the defendant is charged with or has previously been | ||
| convicted of an offense involving violence as defined by Article | ||
| 17.03, the sheriff, officer, or jailer may not set the amount of the | ||
| defendant's bail but may take the defendant's bail in the amount set | ||
| by the court. | ||
| SECTION 10. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Articles 17.51, 17.52, and 17.53 to read as | ||
| follows: | ||
| Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as | ||
| practicable but not later than the next business day after the date | ||
| a magistrate issues an order imposing a condition of release on bond | ||
| for a defendant or modifying or removing a condition previously | ||
| imposed, the clerk of the court shall send a copy of the order to: | ||
| (1) the appropriate attorney representing the state; | ||
| and | ||
| (2) either: | ||
| (A) the chief of police in the municipality where | ||
| the defendant resides, if the defendant resides in a municipality; | ||
| or | ||
| (B) the sheriff of the county where the defendant | ||
| resides, if the defendant does not reside in a municipality. | ||
| (b) A clerk of the court may delay sending a copy of the | ||
| order under Subsection (a) only if the clerk lacks information | ||
| necessary to ensure service and enforcement. | ||
| (c) If an order described by Subsection (a) prohibits a | ||
| defendant from going to or near a child care facility or school, the | ||
| clerk of the court shall send a copy of the order to the child care | ||
| facility or school. | ||
| (d) The copy of the order and any related information may be | ||
| sent electronically or in another manner that can be accessed by the | ||
| recipient. | ||
| (e) The magistrate or the magistrate's designee shall | ||
| provide written notice to the defendant of: | ||
| (1) the conditions of release on bond; and | ||
| (2) the penalties for violating a condition of | ||
| release. | ||
| (f) The magistrate shall make a separate record of the | ||
| notice provided to the defendant under Subsection (e). | ||
| (g) The Office of Court Administration of the Texas Judicial | ||
| System shall promulgate a form for use by a magistrate or a | ||
| magistrate's designee in providing notice to the defendant under | ||
| Subsection (e). The form must include the relevant statutory | ||
| language from the provisions of this chapter under which a | ||
| condition of release on bond may be imposed on a defendant. | ||
| Art. 17.52. REPORTING OF CONDITIONS. A chief of police or | ||
| sheriff who receives a copy of an order described by Article | ||
| 17.51(a), or the chief's or sheriff's designee, shall, as soon as | ||
| practicable but not later than the 10th day after the date the copy | ||
| is received, enter information relating to the condition of release | ||
| into the appropriate database of the statewide law enforcement | ||
| information system maintained by the Department of Public Safety or | ||
| modify or remove information, as appropriate. | ||
| Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND. | ||
| The Office of Court Administration of the Texas Judicial System | ||
| shall develop statewide procedures and prescribe forms to be used | ||
| by a court to facilitate: | ||
| (1) the refund of any cash funds paid toward a monetary | ||
| bond, with an emphasis on refunding those funds to the person in | ||
| whose name the receipt described by Article 17.02 was issued; and | ||
| (2) the application of those cash funds to the | ||
| defendant's outstanding court costs, fines, and fees. | ||
| SECTION 11. Article 66.102(c), Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| (c) Information in the computerized criminal history system | ||
| relating to an arrest must include: | ||
| (1) the offender's name; | ||
| (2) the offender's state identification number; | ||
| (3) the arresting law enforcement agency; | ||
| (4) the arrest charge, by offense code and incident | ||
| number; | ||
| (5) whether the arrest charge is a misdemeanor or | ||
| felony; | ||
| (6) the date of the arrest; | ||
| (7) for an offender released on bail, whether a | ||
| warrant was issued for any subsequent failure of the offender to | ||
| appear in court; | ||
| (8) the exact disposition of the case by a law | ||
| enforcement agency following the arrest; and | ||
| (9) [ |
||
| law enforcement agency. | ||
| SECTION 12. Section 27.005, Government Code, is amended to | ||
| read as follows: | ||
| Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes of | ||
| removal under Chapter 87, Local Government Code, "incompetency" in | ||
| the case of a justice of the peace includes the failure of the | ||
| justice to successfully complete: | ||
| (1) within one year after the date the justice is first | ||
| elected: | ||
| (A) [ |
||
| the justice's duties; | ||
| (B) the course described by Article | ||
| 17.024(a)(1), Code of Criminal Procedure; and | ||
| (C) the course described by Article 17.0501, Code | ||
| of Criminal Procedure; | ||
| (2) each following year, a 20-hour course in the | ||
| performance of the justice's duties, including not less than 10 | ||
| hours of instruction regarding substantive, procedural, and | ||
| evidentiary law in civil matters; and | ||
| (3) each following state fiscal biennium, the course | ||
| described by Article 17.024(a)(2), Code of Criminal Procedure. | ||
| (b) The courses described by Subsections (a)(1)(A) and | ||
| (a)(2) may be completed in an accredited state-supported school of | ||
| higher education. | ||
| SECTION 13. Subchapter C, Chapter 71, Government Code, is | ||
| amended by adding Section 71.0351 to read as follows: | ||
| Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a) | ||
| As a component of the official monthly report submitted to the | ||
| Office of Court Administration of the Texas Judicial System under | ||
| Section 71.035, the clerk of each court setting bail in criminal | ||
| cases shall report: | ||
| (1) the number of defendants for whom bail was set, | ||
| including: | ||
| (A) the number for each category of offense; | ||
| (B) the number of personal bonds; and | ||
| (C) the number of monetary bonds; | ||
| (2) the number of defendants released on bail who | ||
| subsequently failed to appear; | ||
| (3) the number of defendants released on bail who | ||
| subsequently violated a condition of release; and | ||
| (4) the number of defendants who committed an offense | ||
| while released on bail or community supervision. | ||
| (b) The office shall post the information in a publicly | ||
| accessible place on the agency's Internet website without | ||
| disclosing any personal information of any defendant, judge, or | ||
| magistrate. | ||
| (c) Not later than December 1 of each year, the office shall | ||
| submit a report containing the data collected under this section | ||
| during the previous state fiscal year to the governor, the | ||
| lieutenant governor, the speaker of the house of representatives, | ||
| and the standing committees of each house of the legislature with | ||
| jurisdiction over the judiciary. | ||
| SECTION 14. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.038 to read as follows: | ||
| Sec. 72.038. BAIL FORM. (a) The office shall promulgate a | ||
| form to be completed by a magistrate, judge, sheriff, peace | ||
| officer, or jailer who sets a defendant's bail under Chapter 17, | ||
| Code of Criminal Procedure. | ||
| (b) The form must: | ||
| (1) state the cause number of the case, if available, | ||
| the defendant's name and date of birth, and the offense for which | ||
| the defendant was arrested; | ||
| (2) state the name and the office or position of the | ||
| person setting bail; | ||
| (3) state the requirements for setting bail under | ||
| Article 17.15, Code of Criminal Procedure, and list each factor | ||
| provided by Article 17.15(a) of that code; | ||
| (4) require the person setting bail to: | ||
| (A) identify the bail type, the amount of the | ||
| bail, and any conditions of bail; | ||
| (B) certify that the person considered each | ||
| factor provided by Article 17.15(a), Code of Criminal Procedure; | ||
| and | ||
| (C) certify that the person considered the | ||
| information provided by the public safety report system developed | ||
| under Article 17.021, Code of Criminal Procedure; and | ||
| (5) be signed by the person setting the bail. | ||
| (c) The person setting bail, an employee of the court that | ||
| set the defendant's bail, or an employee of the county in which the | ||
| defendant's bail was set must promptly and electronically provide | ||
| the form required under this section to the office on completion of | ||
| the form. | ||
| (d) The office shall publish each form submitted under this | ||
| section in a database that is publicly accessible on the office's | ||
| Internet website. | ||
| SECTION 15. Section 117.055, Local Government Code, is | ||
| amended by amending Subsection (a) and adding Subsections (a-1) and | ||
| (a-2) to read as follows: | ||
| (a) Except as provided by Subsection (a-1), to [ |
||
| compensate the county for the accounting and administrative | ||
| expenses incurred in handling the registry funds that have not | ||
| earned interest, including funds in a special or separate account, | ||
| the clerk shall, at the time of withdrawal, deduct from the amount | ||
| of the withdrawal a fee in an amount equal to five percent of the | ||
| withdrawal but that may not exceed $50. Withdrawal of funds | ||
| generated from a case arising under the Family Code is exempt from | ||
| the fee deduction provided by this section. | ||
| (a-1) A clerk may not deduct a fee under Subsection (a) from | ||
| a withdrawal of funds generated by the collection of a cash bond or | ||
| cash bail bond if in the case for which the bond was taken: | ||
| (1) the defendant was found not guilty after a trial or | ||
| appeal; or | ||
| (2) the complaint, information, or indictment was | ||
| dismissed without a plea of guilty or nolo contendere being | ||
| entered. | ||
| (a-2) On the request of a person to whom withdrawn funds | ||
| generated by the collection of a cash bond or cash bail bond were | ||
| disbursed, the clerk shall refund to the person the amount of the | ||
| fee deducted under Subsection (a) if: | ||
| (1) subsequent to the deduction, a court makes or | ||
| enters an order or ruling in the case for which the bond was taken; | ||
| and | ||
| (2) had the court made or entered the order or ruling | ||
| before the withdrawal of funds occurred, the deduction under | ||
| Subsection (a) would have been prohibited under Subsection (a-1). | ||
| SECTION 16. Article 17.03(f), Code of Criminal Procedure, | ||
| is repealed. | ||
| SECTION 17. As soon as practicable but not later than | ||
| December 1, 2021, the Office of Court Administration of the Texas | ||
| Judicial System shall create the public safety report system | ||
| developed under Article 17.021, Code of Criminal Procedure, as | ||
| added by this Act, and any related forms and materials and shall | ||
| provide to the appropriate officials in each county access to the | ||
| system, forms, and materials at no cost. If those items are made | ||
| available before December 1, 2021, the office shall notify each | ||
| court clerk, judge or other magistrate, and office of an attorney | ||
| representing the state. | ||
| SECTION 18. (a) As soon as practicable but not later than | ||
| December 1, 2021, the Office of Court Administration of the Texas | ||
| Judicial System shall: | ||
| (1) promulgate the forms required by Articles | ||
| 17.028(g) and 17.51(g), Code of Criminal Procedure, as added by | ||
| this Act, and by Section 72.038, Government Code, as added by this | ||
| Act; and | ||
| (2) develop or approve and make available the training | ||
| courses and certification method as described by Article 17.024, | ||
| Code of Criminal Procedure, as added by this Act, and develop the | ||
| procedures and prescribe the forms required by Article 17.53, Code | ||
| of Criminal Procedure, as added by this Act. | ||
| (b) If the items described by Subsection (a) of this section | ||
| are made available before December 1, 2021, the office shall notify | ||
| each court clerk, judge or other magistrate, and office of an | ||
| attorney representing the state. | ||
| SECTION 19. Section 117.055, Local Government Code, as | ||
| amended by this Act, applies only to a withdrawal of funds from a | ||
| court registry under Section 117.055, Local Government Code, made | ||
| on or after the effective date provided by Section 21(c) of this | ||
| Act. A withdrawal of funds from a court registry made before the | ||
| effective date provided by Section 21(c) of this Act is governed by | ||
| the law in effect on the date the withdrawal was made, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 20. The changes in law made by this Act apply only | ||
| to a person who is arrested on or after the effective date of this | ||
| Act. A person arrested before the effective date of this Act is | ||
| governed by the law in effect on the date the person was arrested, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 21. (a) Except as provided by Subsections (b) and | ||
| (c) of this section, this Act takes effect December 1, 2021. | ||
| (b) Article 17.15(b), Code of Criminal Procedure, as added | ||
| by this Act, takes effect December 1, 2021, but only if the | ||
| constitutional amendment proposed by the 87th Legislature, 1st | ||
| Called Session, 2021, requiring a judge or magistrate to impose the | ||
| least restrictive conditions of bail that may be necessary and | ||
| authorizing the denial of bail under some circumstances to a person | ||
| accused of a violent or sexual offense or of continuous trafficking | ||
| of persons is approved by the voters. If that amendment is not | ||
| approved by the voters, Article 17.15(b), Code of Criminal | ||
| Procedure, has no effect. | ||
| (c) Articles 17.021 and 17.024, Code of Criminal Procedure, | ||
| as added by this Act, and Sections 3, 15, 17, 18, and 19 of this Act | ||
| take effect on the 91st day after the last day of the legislative | ||
| session. | ||
