Bill Text: TX HB4145 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to criminal justice.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-04-23 - Failed to receive affirmative vote in comm. [HB4145 Detail]
Download: Texas-2021-HB4145-Introduced.html
By: Coleman | H.B. No. 4145 |
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relating to criminal justice. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. BAIL AND PRETRIAL RELEASE | ||
SECTION 1.01. Article 17.03, Code of Criminal Procedure, is | ||
amended by amending Subsections (a) and (c) and adding Subsection | ||
(b-2) to read as follows: | ||
(a) Except as provided by Subsection (b), [ |
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(b-2), a magistrate may, in the magistrate's discretion, release | ||
the defendant on personal bond without sureties or other security. | ||
(b-2) Notwithstanding any other law, a magistrate shall | ||
release on personal bond a defendant who is not charged with and has | ||
not been previously convicted of a violent offense unless the | ||
magistrate finds good cause to justify not releasing the defendant | ||
on personal bond. | ||
(c) When setting a personal bond under this chapter, on | ||
reasonable belief by the investigating or arresting law enforcement | ||
agent or magistrate of the presence of a controlled substance in the | ||
defendant's body or on the finding of drug or alcohol abuse related | ||
to the offense for which the defendant is charged, the court or a | ||
magistrate may [ |
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the defendant submit to testing for alcohol or a controlled | ||
substance in the defendant's body and participate in an alcohol or | ||
drug abuse treatment or education program if such a condition will | ||
serve to reasonably assure the appearance of the defendant for | ||
trial. | ||
SECTION 1.02. Articles 17.033(a), (b), and (c), Code of | ||
Criminal Procedure, are amended to read as follows: | ||
(a) Except as provided by Subsection (c), a person who is | ||
arrested without a warrant and who is detained in jail must be | ||
released on personal bond[ |
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later than the 24th hour after the person's arrest if the person was | ||
arrested for a misdemeanor and a magistrate has not determined | ||
whether probable cause exists to believe that the person committed | ||
the offense. [ |
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(b) Except as provided by Subsection (c), a person who is | ||
arrested without a warrant and who is detained in jail must be | ||
released on bond, in an amount not to exceed $5,000 [ |
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later than the 24th [ |
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person was arrested for a felony and a magistrate has not determined | ||
whether probable cause exists to believe that the person committed | ||
the offense. If the person is unable to obtain a surety for the bond | ||
or unable to deposit money in the amount of the bond, the person | ||
must be released on personal bond. | ||
(c) On the filing of an application by the attorney | ||
representing the state, a magistrate may postpone the release of a | ||
person under Subsection (a) or (b) for not more than 48 [ |
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after the person's arrest. An application filed under this | ||
subsection must state the reason a magistrate has not determined | ||
whether probable cause exists to believe that the person committed | ||
the offense for which the person was arrested. | ||
SECTION 1.03. The change in law made by this article to | ||
Article 17.03, Code of Criminal Procedure, applies only to a | ||
personal bond that is executed on or after the effective date of | ||
this Act. A personal bond executed before the effective date of | ||
this Act is governed by the law in effect when the personal bond was | ||
executed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 1.04. The change in law made by this article to | ||
Article 17.033, Code of Criminal Procedure, applies 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. | ||
ARTICLE 2. JAIL STANDARDS | ||
SECTION 2.01. Section 511.009(a), Government Code, is | ||
amended by adding subsection (25) and (26) to read as follows: | ||
(25) adopt reasonable rules and procedures | ||
establishing minimum standards regarding the management of an | ||
intoxicated prisoner in county jails; and | ||
(26) adopt reasonable rules and procedures | ||
establishing minimum standards regarding the prevention of sexual | ||
assault, use of force, and intoxicated inmates in county jails. | ||
SECTION 2.02. Section 511.020(e), Government Code, is added | ||
to read as follows: | ||
(e) the reports described in this section ought to be broken | ||
down by gender and race or ethnicity of the prisoner. | ||
SECTION 2.03. Not later than September 1, 2021, the | ||
Commission on Jail Standards shall adopt the rules and procedures | ||
required by Sections 511.009(a)(25) and (26), Government Code, as | ||
added by this article. On and after January 1, 2022, a county jail | ||
shall comply with any rule or procedure adopted by the Commission on | ||
Jail Standards under those subdivisions. | ||
ARTICLE 3. MOTOR VEHICLE STOPS, SEARCHES, AND ISSUANCE OF | ||
CITATIONS | ||
SECTION 3.01. Article 2.13, Code of Criminal Procedure, is | ||
amended by adding Subsection (g) and (h) to read as follows: | ||
(g) The officer may not conduct a search based solely on a | ||
person's consent to the search unless: | ||
(1) the officer verbally and in writing informs the | ||
person of the person's right to refuse the search; and | ||
(2) the person signs an acknowledgment that the | ||
person: | ||
(A) received the information described by | ||
Subdivision (1); and | ||
(B) consents to the search. | ||
(h) The officer may not make a stop for an alleged violation | ||
of a traffic law or ordinance as a pretext for investigating a | ||
violation of another penal law. | ||
SECTION 3.02. Article 2.133, Code of Criminal Procedure, is | ||
amended by amending Subsection (c) and adding (d) to read as | ||
follows: | ||
(c) The chief administrator of a law enforcement agency, | ||
regardless of whether the administrator is elected, employed, or | ||
appointed, is responsible for auditing reports under Subsection (b) | ||
to ensure that they are complete and accurate |
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(d) The information in the report referenced in subsection | ||
(b)(2-9) shall be broken down by the categorize in (b)(1). | ||
SECTION 3.03. Article 2.134(f), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(f) The data collected as a result of the reporting | ||
requirements of this article shall not constitute prima facie | ||
evidence of racial profiling but is admissible in a court of law. | ||
SECTION 3.04. Chapter 2, Code of Criminal Procedure, is | ||
amended by adding Article 2.135 to read as follows: | ||
Art. 2.135. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In this | ||
article, "law enforcement agency" and "motor vehicle stop" have the | ||
meanings assigned by Article 2.132(a). | ||
(b) Each law enforcement agency shall adopt and implement a | ||
detailed written policy regarding the administration of a motor | ||
vehicle stop investigation in accordance with this article, | ||
including the administrative penalties for violations of the | ||
policy. A law enforcement agency may adopt the model policy | ||
promulgated by the Texas A&M System's Institute for Predictive | ||
Analytics in Criminal Justice or the agency's own policy. | ||
(c) A peace officer may not: | ||
(1) conduct a roadside investigation during a motor | ||
vehicle stop for an offense other than the traffic violation | ||
without suspicion based on a preponderance of the evidence that the | ||
driver has committed the other offense; | ||
(2) continue a roadside investigation during a motor | ||
vehicle stop into an offense other than the traffic violation after | ||
the driver has refused to consent to be searched unless the peace | ||
officer has additional suspicion based on a preponderance of the | ||
evidence that the driver has committed the other offense; or | ||
(3) arrest a driver during a motor vehicle stop for a | ||
traffic violation to conduct a search incident to arrest unless the | ||
officer has probable cause to believe that the driver has committed | ||
an offense more serious than a Class C misdemeanor. | ||
SECTION 3.05. Article 3.05, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 3.05. RACIAL PROFILING. (a) In this code, "racial | ||
profiling" means a law enforcement-initiated action based on an | ||
individual's race, ethnicity, or national origin rather than on the | ||
individual's behavior or on information identifying the individual | ||
as having engaged in criminal activity. | ||
(b) Racial profiling may be identified through the | ||
examination of sufficient and evidence-based data analysis, taking | ||
into consideration the context and surroundings of an action | ||
initiated by law enforcement. | ||
SECTION 3.06. Article 14.06, Code of Criminal Procedure, is | ||
amended by amending Subsection (b) and adding Subsection (b-1) to | ||
read as follows: | ||
(b) A peace officer who is charging a person, including a | ||
child, with committing an offense that is a [ |
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punishable by a fine only, other than an offense under Section | ||
49.02, Penal Code, an offense under Chapter 106, Alcoholic Beverage | ||
Code, or an offense for which the officer reasonably believes it is | ||
necessary to take the person before a magistrate to prevent a | ||
foreseeable injury or an altercation, shall [ |
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taking the person before a magistrate, issue a citation to the | ||
person that contains: | ||
(1) written notice of the time and place the person | ||
must appear before a magistrate; | ||
(2) the name and address of the person charged; | ||
(3) the offense charged; | ||
(4) information regarding the alternatives to the full | ||
payment of any fine or costs assessed against the person, if the | ||
person is convicted of the offense and is unable to pay that amount; | ||
and | ||
(5) the following admonishment, in boldfaced or | ||
underlined type or in capital letters: | ||
"If you are convicted of a misdemeanor offense involving | ||
violence where you are or were a spouse, intimate partner, parent, | ||
or guardian of the victim or are or were involved in another, | ||
similar relationship with the victim, it may be unlawful for you to | ||
possess or purchase a firearm, including a handgun or long gun, or | ||
ammunition, pursuant to federal law under 18 U.S.C. Section | ||
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any | ||
questions whether these laws make it illegal for you to possess or | ||
purchase a firearm, you should consult an attorney." | ||
(b-1) A peace officer who is charging a person, including a | ||
child, with committing an offense that is a misdemeanor punishable | ||
by a fine only under Chapter 106, Alcoholic Beverage Code, may, | ||
instead of taking the person before a magistrate, issue to the | ||
person a citation that contains written notice of the time and place | ||
the person must appear before a magistrate, the name and address of | ||
the person charged, and the offense charged. | ||
SECTION 3.07. Section 543.004(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) An officer shall issue a written notice to appear if: | ||
(1) the offense charged is[ |
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punishable by a fine only [ |
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(2) the person makes a written promise to appear in | ||
court as provided by Section 543.005. | ||
SECTION 3.08. Article 2.13(g), Code of Criminal Procedure, | ||
as added by this article, applies only to a motor vehicle stop or | ||
search that occurs on or after the effective date of this Act. | ||
SECTION 3.09. The changes in law made by this article apply | ||
only to an offense committed on or after the effective date of this | ||
Act. An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this article if any element of the offense | ||
occurred before that date. | ||
ARTICLE 4. CITIZEN OVERSIGHT BOARDS | ||
SECTION 4.01. Section 143.009, Local Government Code, is | ||
amended by amending subsection 143.009(b) to read as follows: | ||
(b) During an investigation, the commission or the | ||
commission member may: | ||
(1) administer oaths; | ||
(2) issue subpoenas to compel the attendance of any | ||
relevant person or party to the investigation including but not | ||
limited to the officer or party being investigated |
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the production of books, papers, documents, and accounts relating | ||
to the investigation; and | ||
(3) cause the deposition of witnesses residing inside | ||
or outside the state. | ||
(c) A deposition taken in connection with an investigation | ||
under this section must be taken in the manner prescribed by law for | ||
taking a similar deposition in a civil action in federal district | ||
court. | ||
(d) An oath administered or a subpoena issued under this | ||
section has the same force and effect as an oath administered by a | ||
magistrate in the magistrate's judicial capacity. | ||
(e) A person who fails to respond to a subpoena issued under | ||
this section commits an offense punishable as prescribed by Section | ||
143.016. | ||
ARTICLE 5. POLICE TRAINING | ||
SECTION 5.01. Section 1701.253, Occupations Code, is | ||
amended by adding Subsection (q) to read as follows: | ||
(q) As part of the minimum curriculum requirements, the | ||
commission shall require an officer to complete a statewide | ||
education and training program on tactical communication, and | ||
implicit bias training. | ||
SECTION 5.02. Section 1701.402, Occupations Code, is | ||
amended by adding Subsection (p) to read as follows: | ||
As a requirement for an intermediate proficiency | ||
certificate, an officer must complete an education and training | ||
program on tactical communication, and implicit bias training | ||
established by the commission under Section 1701.253(q). | ||
ARTICLE 6. EFFECTIVE DATE | ||
SECTION 6.01. This Act takes effect September 1, 2021. |