Bill Text: TX HB2972 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the pretrial release of a defendant.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-12 - Referred to Criminal Jurisprudence [HB2972 Detail]
Download: Texas-2019-HB2972-Introduced.html
86R11821 ADM-D | ||
By: Reynolds | H.B. No. 2972 |
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relating to the pretrial release of a defendant. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Articles 17.027 and 17.028 to read as follows: | ||
Art. 17.027. PRETRIAL RISK 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 use the results of a pretrial risk assessment of | ||
the defendant in making a pretrial release decision under Article | ||
17.028. | ||
(b) The risk assessment must be conducted using an | ||
instrument that: | ||
(1) is objective, validated for its intended use, and | ||
standardized; | ||
(2) is based on an analysis of empirical data; and | ||
(3) considers only risk factors relevant to the risk | ||
of: | ||
(A) a defendant failing to appear in court as | ||
required; and | ||
(B) danger to the community or the victim of the | ||
alleged offense as a result of the defendant's pretrial release. | ||
(c) The results of the risk assessment must be provided to | ||
the magistrate without unnecessary delay but not later than 48 | ||
hours after the defendant's arrest. | ||
Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without | ||
unnecessary delay but not later than 48 hours after a defendant is | ||
arrested, a magistrate shall order, after considering all | ||
circumstances, the results of the pretrial risk assessment | ||
conducted under Article 17.027, and any credible information | ||
provided by the defendant or the attorney representing the state, | ||
that the defendant be: | ||
(1) released on personal bond without conditions; | ||
(2) released on personal bond with any condition the | ||
magistrate determines necessary; | ||
(3) released on a monetary bail bond without | ||
conditions; | ||
(4) released on a monetary bail bond with any | ||
condition the magistrate determines necessary; or | ||
(5) denied pretrial release in accordance with this | ||
chapter. | ||
(b) In making a pretrial release decision under this | ||
article, the magistrate shall impose, as applicable, the least | ||
restrictive conditions and the minimum amount or type of bail | ||
necessary to reasonably ensure the defendant's appearance in court | ||
as required and the safety of the community and the victim of the | ||
alleged offense. | ||
(c) A defendant charged with only one or more nonviolent | ||
offenses shall be released on personal bond under Subsection (a) | ||
unless the magistrate determines by clear and convincing evidence | ||
that release on personal bond with or without conditions is | ||
insufficient to reasonably ensure the defendant's appearance in | ||
court and the safety of the community and victim as described by | ||
Subsection (b). | ||
(d) A magistrate who denies a defendant's pretrial release | ||
on personal bond shall, as soon as practicable but not later than 24 | ||
hours after denying the release on personal bond, issue a written | ||
order of denial that includes findings of fact and a statement of | ||
the magistrate's reasons for denying the release on personal bond. | ||
(e) A magistrate may not require a defendant to provide a | ||
monetary bail bond for the sole purpose of preventing the | ||
defendant's pretrial release. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a person who is arrested on or after January 1, 2020. A person | ||
arrested before January 1, 2020, 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 3. This Act takes effect September 1, 2019. |