Bill Text: TX HB20 | 2021-2022 | 87th Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Murr, et al. | 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. Except as provided by this | ||
article or by Chapter 17, any person [ |
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eligible for bail [ |
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permitted by the Texas Constitution [ |
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prevent bail after indictment found upon examination of the | ||
evidence, in such manner as may be prescribed by law. | ||
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. PUBLIC SAFETY REPORT SYSTEM. (a) The Office | ||
of Court Administration of the Texas Judicial System shall develop | ||
and maintain a validated public safety report system 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 | ||
factors relevant to: | ||
(A) the likelihood 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 with respect to whom a | ||
public safety report is prepared. | ||
(b) 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. | ||
(c) The office shall collect data relating to the use and | ||
efficiency of the public safety report system. 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 public safety report system | ||
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 public safety report system 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 public safety report system and shall include an explanation of | ||
the data used for preparing a public safety report. | ||
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 validated public safety | ||
report system developed under Article 17.021 to prepare a public | ||
safety report, or another public safety report approved by the | ||
Office of Court Administration of the Texas Judicial System, 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 validated public safety report system | ||
developed under Article 17.021. | ||
(d) The magistrate shall consider the public safety report | ||
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, | ||
in consultation with the court of criminal appeals, develop or | ||
approve training courses regarding a magistrate's duties, | ||
including duties under Article 17.022 and duties with respect to | ||
setting bail in criminal cases. The courses developed must | ||
include: | ||
(1) a 16-hour initial training course; and | ||
(2) a four-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 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, a | ||
magistrate shall order, after individualized consideration of all | ||
circumstances and of the factors required by Article 17.15, 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 making a bail decision under this article, the | ||
magistrate shall impose, as applicable, the least restrictive | ||
conditions, if any, and minimum amount of bail, if any, 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 setting bail or 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 factors in Article 17.15. | ||
(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 is unable to give bail in an amount | ||
required by any bail schedule or standing order related to bail may | ||
file with the applicable magistrate a sworn affidavit declaring the | ||
maximum amount that the defendant would be able to pay or provide as | ||
security within 24 hours of arrest for purposes of obtaining a bail | ||
bond. The affidavit must set out sufficient facts to clearly | ||
establish that amount, given the totality of the defendant's | ||
circumstances. | ||
(g) A defendant who files an affidavit under Subsection (f) | ||
is entitled to a hearing before the magistrate on the bail amount. | ||
At the hearing or a review, the magistrate shall consider the facts | ||
stated in the affidavit and the rules established by Article 17.15 | ||
and set the defendant's bail. The magistrate may deviate from any | ||
bail schedule or standing order related to bail in setting a | ||
defendant's bail under this subsection. The magistrate shall issue | ||
oral or written findings of fact supporting the decision. | ||
(h) 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 public | ||
safety report has been prepared with respect to the defendant or | ||
before a bail decision has been made by a magistrate under this | ||
article. | ||
(i) In making a bail decision under this article, a | ||
magistrate may direct either of the following to monitor the | ||
defendant's compliance with a condition of bond set by the | ||
magistrate: | ||
(1) the personal bond office established under Article | ||
17.42 for the county in which the defendant is being detained; or | ||
(2) the community supervision and corrections | ||
department established under Section 76.002, Government Code, for | ||
the county in which the defendant is being detained. | ||
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), if the defendant is not alleged to have engaged in | ||
conduct constituting an offense under Section 43.02(a); | ||
(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 and the associated conditions of bail to be | ||
required in any case are [ |
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magistrate, or officer taking the bail in accordance with Articles | ||
17.20, 17.21, and 17.22 and [ |
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following rules: | ||
(1) [ |
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conditions of bail, if any, shall be sufficient [ |
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to give 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) Any public safety report prepared using the | ||
validated public safety report system 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, 17.51, and 17.52 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). | ||
(g) The Office of Court Administration of the Texas Judicial | ||
System shall promulgate a form for use by a magistrate 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. 17.51. 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. | ||
Art. 17.52. PROCEDURES AND FORMS RELATED TO CASH BAIL 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 a cash bail bond, with an emphasis on | ||
refunding the bail bond to the person in whose name the receipt | ||
described by Article 17.02 was issued; and | ||
(2) the application of a cash bail bond paid by a | ||
person other than a defendant to the defendant's outstanding court | ||
costs and fees. | ||
SECTION 7. (a) 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. | ||
(b) 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 [ |
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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). | ||
(c) Section 117.055, Local Government Code, as amended by | ||
this section, applies only to a withdrawal of funds from a court | ||
registry under Section 117.055, Local Government Code, made on or | ||
after September 1, 2021. A withdrawal of funds from a court | ||
registry made before September 1, 2021, 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. | ||
(d) This section takes effect September 1, 2021. | ||
SECTION 8. 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 public safety report system | ||
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 9. (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 form required by Article 17.50(g), | ||
Code of Criminal Procedure, 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 17.52, 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 10. 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 11. (a) Except as provided by Subsection (b) 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 8 and 9 of this Act take effect | ||
September 1, 2021. |