Bill Text: TX HB20 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail 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.
Spectrum: Partisan Bill (Republican 22-0)
Status: (Engrossed - Dead) 2021-05-31 - Senate adopts conf. comm. report-reported [HB20 Detail]
Download: Texas-2021-HB20-Comm_Sub.html
Bill Title: Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail 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.
Spectrum: Partisan Bill (Republican 22-0)
Status: (Engrossed - Dead) 2021-05-31 - Senate adopts conf. comm. report-reported [HB20 Detail]
Download: Texas-2021-HB20-Comm_Sub.html
By: Murr, et al. | H.B. No. 20 | ||
Substitute the following for H.B. No. 20: | |||
By: Vasut | C.S.H.B. No. 20 |
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relating to the release of defendants on bail. | ||
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. (a) Except as provided by this | ||
article or by Chapter 17, any person [ |
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eligible for bail [ |
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committing a [ |
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proof is evident. This provision shall not be so construed as to | ||
prevent bail after indictment found upon examination of the | ||
evidence, in such manner as may be prescribed by law. | ||
(b) A person accused of committing a violent or sexual | ||
offense, as defined by Section 11a, Article I, Texas Constitution, | ||
may be denied bail pending trial if a judge or magistrate determines | ||
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, law enforcement, or | ||
the victim of the alleged offense. | ||
(c) A person accused of committing an offense under Section | ||
19.03, Penal Code, shall be denied bail pending trial unless a judge | ||
or magistrate determines by clear and convincing evidence that, | ||
based on the existence of extraordinary circumstances, the judge or | ||
magistrate is able to set bail and conditions of release sufficient | ||
to reasonably ensure: | ||
(1) the person's appearance in court as required; and | ||
(2) the safety of the community and of law | ||
enforcement. | ||
(d) A person accused of committing a sexual offense, as | ||
defined by Section 11a, Article I, Texas Constitution, involving a | ||
victim younger than 17 years of age, shall be denied bail pending | ||
trial unless a judge or magistrate determines by clear and | ||
convincing evidence that, based on the existence of extraordinary | ||
circumstances, the judge or magistrate is able to set bail and | ||
conditions of release sufficient to reasonably ensure: | ||
(1) the person's appearance in court as required; and | ||
(2) the safety of the community, law enforcement, and | ||
the victim of the alleged offense. | ||
(e) A judge or magistrate who denies bail under Subsection | ||
(c) or (d) must prepare a written order that includes findings of | ||
fact and a statement explaining the judge or magistrate's reason | ||
for the denial. | ||
SECTION 3. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Articles 17.021, 17.022, 17.023, 17.024, and | ||
17.028 to read as follows: | ||
Art. 17.021. PRETRIAL PUBLIC SAFETY ASSESSMENT. (a) The | ||
Office of Court Administration of the Texas Judicial System shall | ||
develop and maintain a validated pretrial public safety assessment | ||
that is standardized for statewide use, that is available for use | ||
for purposes of Article 17.15, and that: | ||
(1) is objective, validated for its intended use, and | ||
standardized; | ||
(2) is based on an analysis of empirical data and risk | ||
factors relevant to: | ||
(A) the risk of a defendant intentionally failing | ||
to appear in court as required; and | ||
(B) the safety of the community, law enforcement, | ||
and the victim of the alleged offense if the defendant is released; | ||
(3) does not consider factors that disproportionately | ||
affect persons who are members of racial or ethnic minority groups | ||
or who are socioeconomically disadvantaged; | ||
(4) has been demonstrated to produce results that are | ||
unbiased with respect to the race or ethnicity of defendants and | ||
does not produce a disproportionate outcome; and | ||
(5) is designed to function in a transparent manner | ||
with respect to the public and each defendant to whom the assessment | ||
is applied. | ||
(b) The office shall provide access to the pretrial public | ||
safety assessment 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 pretrial public safety | ||
assessment. | ||
(c) The office shall collect data relating to the use and | ||
efficiency of the pretrial public safety assessment. The office | ||
shall consider that data, along with other relevant information, | ||
and shall, not later than November 1 of each even-numbered year, | ||
make appropriate changes or updates to the pretrial public safety | ||
assessment to ensure compliance with this article. Not later than | ||
December 1 of each even-numbered year, the office shall submit a | ||
report containing the data collected and describing any changes or | ||
updates made to the pretrial public safety assessment to the | ||
governor, the lieutenant governor, the speaker of the house of | ||
representatives, and the presiding officers of the standing | ||
committees of each house of the legislature with jurisdiction over | ||
the judiciary. | ||
(d) The office shall create and post on the office's public | ||
Internet website a sample result that could occur through the use of | ||
the pretrial public safety assessment and shall include an | ||
explanation of the data relied on by the assessment. | ||
Art. 17.022. PRETRIAL PUBLIC SAFETY ASSESSMENT. (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 validated pretrial public | ||
safety assessment developed under Article 17.021 to conduct a | ||
pretrial public safety assessment with respect to the defendant; | ||
and | ||
(2) the results of the assessment conducted under | ||
Subdivision (1) be provided to the magistrate within 48 hours of the | ||
defendant's arrest. | ||
(b) A magistrate may not, without the consent of the | ||
sheriff, order a sheriff or sheriff's department personnel to | ||
conduct a pretrial public safety assessment under Subsection (a). | ||
(c) Notwithstanding Subsection (a), a magistrate may | ||
personally conduct a pretrial public safety assessment using the | ||
validated pretrial public safety assessment developed under | ||
Article 17.021. | ||
(d) The magistrate shall consider the results of the | ||
pretrial public safety assessment before making a bail decision. | ||
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) a resident of this state and one of the counties | ||
served by the magistrate; 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 | ||
develop or approve training courses regarding a magistrate's duties | ||
under Article 17.022 and duties with respect to setting bail in | ||
criminal cases. The courses developed must include: | ||
(1) a four-hour training course for a magistrate who | ||
is licensed to practice law in this state; | ||
(2) a 16-hour training course for a magistrate who is | ||
not licensed to practice law in this state; and | ||
(3) a four-hour continuing education course for all | ||
magistrates. | ||
(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) the magistrate is licensed to practice law in this | ||
state and: | ||
(A) not later than the 90th day after the date the | ||
magistrate takes office, the magistrate successfully completes the | ||
course described by Subsection (a)(1); | ||
(B) successfully completes the course described | ||
by Subsection (a)(3) in each subsequent state fiscal biennium in | ||
which the magistrate serves; and | ||
(C) demonstrates competency in a manner | ||
acceptable to the office; or | ||
(2) the magistrate is not licensed to practice law in | ||
this state and: | ||
(A) not later than the 90th day after the date the | ||
magistrate takes office, the magistrate successfully completes the | ||
course described by Subsection (a)(2); | ||
(B) successfully completes the course described | ||
by Subsection (a)(3) in each subsequent state fiscal biennium in | ||
which the magistrate serves; and | ||
(C) 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)(A) or (c)(2)(A) if the magistrate successfully | ||
completes the applicable training course not later than June 1, | ||
2022. This subsection expires January 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. 17.028. BAIL DECISION. (a) Without unnecessary delay | ||
but not later than 48 hours after a defendant is arrested, the | ||
magistrate performing duties under Article 15.17 with respect to | ||
the defendant shall order, after considering all circumstances and | ||
the results of the pretrial public safety assessment conducted | ||
under Article 17.022, that the defendant be: | ||
(1) released on personal bond with or without | ||
conditions; | ||
(2) released on monetary bond with or without | ||
conditions; or | ||
(3) denied bail in accordance with the Texas | ||
Constitution and other law. | ||
(b) In making a bail decision under this article, the | ||
magistrate shall impose, as applicable, the least restrictive | ||
conditions and minimum amount of bail, whether 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 rebutting the presumption, | ||
the court is not required to hold an evidentiary hearing. | ||
(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 the results of the defendant's | ||
pretrial public safety assessment. | ||
(e) This article does not prohibit a sheriff or other peace | ||
officer, or a jailer licensed under Chapter 1701, Occupations Code, | ||
from accepting bail under Article 17.20 or 17.22 before a pretrial | ||
public safety assessment has been conducted with respect to the | ||
defendant or before a bail decision has been made by a magistrate | ||
under this article. | ||
SECTION 4. Article 17.03, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (b-2) 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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(B) [ |
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[ |
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[ |
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Individual, or Disabled Individual); | ||
(C) [ |
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(D) [ |
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(E) [ |
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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 is charged with an | ||
offense under the following provisions of the Penal Code: | ||
(1) Section 19.02 (Murder); | ||
(2) Section 19.03 (Capital Murder); | ||
(3) Section 20A.02 (Trafficking of Persons); | ||
(4) Section 20A.03 (Continuous Trafficking of | ||
Persons); | ||
(5) Section 21.02 (Continuous Sexual Abuse of Young | ||
Child or Children); | ||
(6) Section 21.11 (Indecency with a Child); | ||
(7) Section 22.021 (Aggravated Sexual Assault); | ||
(8) Section 43.04 (Aggravated Promotion of | ||
Prostitution); | ||
(9) Section 43.05 (Compelling Prostitution); or | ||
(10) Section 43.25 (Sexual Performance by a Child). | ||
SECTION 5. 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 to be required in any case is to be regulated by | ||
the court, judge, magistrate, or officer taking the bail in | ||
accordance with Articles 17.20, 17.21, and 17.22 and is [ |
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Constitution and [ |
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(1) [ |
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reasonable assurance that the undertaking will be complied with. | ||
(2) [ |
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used as to make it an instrument of oppression. | ||
(3) [ |
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circumstances under which the offense [ |
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defendant's criminal history, including acts of family violence, | ||
shall [ |
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offense under Chapter 481, Health and Safety Code, that occurred | ||
more than 10 years before the current offense may not be considered | ||
unless the previous offense involved the manufacture or delivery of | ||
a controlled substance or caused bodily injury, as defined by | ||
Section 1.07, Penal Code, to another, or unless good cause | ||
otherwise exists for considering that offense. | ||
(4) [ |
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considered [ |
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(5) [ |
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offense, law enforcement, and the community shall be considered. | ||
(6) The results of any pretrial public safety | ||
assessment conducted using the validated pretrial public safety | ||
assessment developed under Article 17.021 shall be considered. | ||
(7) Any other relevant facts or circumstances may be | ||
considered. | ||
(b) In this article, "family violence" has the meaning | ||
assigned by Section 71.004, Family Code. | ||
SECTION 6. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Articles 17.50 and 17.51 to read as follows: | ||
Art. 17.50. 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). | ||
Art. 17.51. REPORTING OF CONDITIONS. A chief of police or | ||
sheriff who receives a copy of an order under Article 17.50(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. | ||
SECTION 7. As soon as practicable but not later than | ||
December 1, 2021, the Office of Court Administration of the Texas | ||
Judicial System shall create and provide access to the appropriate | ||
officials in each county the validated pretrial public safety | ||
assessment developed under Article 17.021, Code of Criminal | ||
Procedure, as added by this Act, and any related 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 8. As soon as practicable but not later than | ||
December 1, 2021, the Office of Court Administration of the Texas | ||
Judicial System shall develop or approve and make available the | ||
training courses and certification method required under Article | ||
17.024, Code of Criminal Procedure, as added by this Act. 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 9. 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 10. (a) Except as provided by Subsections (b) and | ||
(c) of this section, this Act takes effect December 1, 2021. | ||
(b) Articles 17.021 and 17.024, Code of Criminal Procedure, | ||
as added by this Act, and Sections 7 and 8 of this Act take effect | ||
September 1, 2021. | ||
(c) Section 2 of this Act takes effect December 1, 2021, but | ||
only if the constitutional amendment proposed by the 87th | ||
Legislature, Regular Session, 2021, 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, law enforcement, and the | ||
victim of the alleged offense, and requiring the denial of bail to a | ||
person accused of capital murder or a sexual offense involving | ||
children absent extraordinary circumstances is approved by the | ||
voters. If that amendment is not approved by the voters, Section 2 | ||
of this Act has no effect. |