Bill Text: TX HB4281 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the pretrial release of defendants and a prohibition on the use of monetary bail bonds.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-29 - Referred to Criminal Jurisprudence [HB4281 Detail]

Download: Texas-2021-HB4281-Introduced.html
  87R11740 ADM-D
 
  By: Sherman, Sr. H.B. No. 4281
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the pretrial release of defendants and a prohibition on
  the use of monetary bail bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the End Money Bail Act.
         SECTION 2.  Article 1.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 1.07.  RIGHT TO BAIL. (a) All prisoners shall be
  bailable unless for capital offenses when the 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)  Notwithstanding any other law, a prisoner may not be
  required to deposit money with the court or provide financial
  security for purposes of being released on bail. 
         SECTION 3.  Article 14.06, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Subject to Subsection (b-1), a [A] peace officer who is
  charging a person, including a child, with committing a misdemeanor
  [an] offense shall [that is a Class C misdemeanor, other than an
  offense under Section 49.02, Penal Code, may], instead of 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)  Subsection (b) does not apply if the peace officer has
  reasonable cause to believe that conditions of release are
  necessary in accordance with Articles 17.021(b) and (c) to ensure
  the person's appearance in court as required or to ensure the safety
  of an identifiable person. 
         SECTION 4.  Article 15.17(g), Code of Criminal Procedure, is
  amended to read as follows:
         (g)  If a person charged with an offense punishable as a
  misdemeanor appears before a magistrate in compliance with a
  citation issued under Article 14.06(b) [or (c)], the magistrate
  shall perform the duties imposed by this article in the same manner
  as if the person had been arrested and brought before the magistrate
  by a peace officer.  After the magistrate performs the duties
  imposed by this article, the magistrate shall [except for good
  cause shown may] release the person on personal bond in accordance
  with Article 17.021.  If a person who was issued a citation for an
  offense punishable as a Class A or B misdemeanor [under Article
  14.06(c)] fails to appear as required by that citation, the
  magistrate before which the person is required to appear shall
  issue a warrant for the arrest of the accused.
         SECTION 5.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.021, 17.022, and 17.023 to read as
  follows:
         Art. 17.021.  RELEASE ON PERSONAL BOND REQUIRED. (a)
  Notwithstanding any other law, in each case in which a defendant is
  eligible for bail under the constitution and laws of this state, the
  magistrate considering the defendant's release shall order that the
  defendant be:
               (1)  released on personal bond without conditions of
  release; or 
               (2)  released on personal bond with conditions of
  release.
         (b)  Except as provided by Subsection (c), a magistrate may
  not impose any condition of release on the defendant unless the
  magistrate determines by clear and convincing evidence after
  considering the specific facts concerning the defendant that:
               (1)  release on personal bond without conditions is
  insufficient to reasonably mitigate a high risk of nonappearance or
  of serious bodily injury to an identifiable person; and
               (2)  the conditions to be imposed are the least
  restrictive conditions necessary to mitigate the risk described by
  Subdivision (1).
         (c)  A magistrate may not impose a condition of release that
  restricts the liberty of the defendant unless the magistrate
  determines by clear and convincing evidence that the conditions to
  be imposed are the least restrictive conditions necessary to
  reasonably mitigate a high risk of imminent, intentional flight or
  of serious bodily injury to an identifiable person. For purposes of
  this subsection, a condition that restricts the defendant's liberty
  includes a condition:
               (1)  requiring pretrial supervision;
               (2)  requiring drug testing;
               (3)  requiring inpatient or outpatient treatment;
               (4)  imposing travel restrictions or home confinement;
               (5)  imposing a curfew; or
               (6)  requiring electronic monitoring.
         (d)  Any condition imposed on a defendant's release must
  preserve the ability of the defendant to confer with the
  defendant's attorney and prepare for trial.
         (e)  A magistrate who imposes conditions of release shall
  issue an order that includes an explanation of how the conditions
  constitute the least restrictive conditions necessary to address
  the specific risks identified with respect to the defendant. 
         (f)  A defendant has the right to be represented by counsel
  at any hearing at which the magistrate imposes conditions of
  release on the defendant.
         (g)  A magistrate may not require a defendant to pay any fee
  related to any condition of release. 
         Art. 17.022.  RELEASE ON PERSONAL BOND PENDING SENTENCING OR
  APPEAL. (a) Following conviction, any conditions of release that
  are imposed on the defendant under Article 17.021 are presumed to be
  sufficient to ensure the defendant's appearance in court for
  sentencing or pending any appeal.
         (b)  A court may impose additional conditions of release on
  the defendant only after a hearing at which the defendant has the
  right to be represented by counsel.
         Art. 17.023.  REPORTING TO OFFICE OF COURT ADMINISTRATION.
  (a) Each magistrate who releases a defendant on personal bond shall
  submit a monthly report to the Office of Court Administration of the
  Texas Judicial System with the following information for each
  defendant released:
               (1)  the name;
               (2)  the offense charged;
               (3)  the length of the period the defendant was in
  custody before release; and
               (4)  the conditions of release imposed on the
  defendant.
         (b)  A report required by Subsection (a) must be on a form
  prescribed by the Office of Court Administration. 
         SECTION 6.  Articles 14.06(c) and (d), Code of Criminal
  Procedure, are repealed.
         SECTION 7.  (a) Except as provided by Subsection (b) of this
  section, the change in law made by this Act applies only to a person
  who is arrested on or after the effective date of this Act. A person
  who is 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.
         (b)  The change in law made by this Act in amending Articles
  14.06 and 15.17, Code of Criminal Procedure, applies only to a
  person who is issued a citation on or after the effective date of
  this Act.  A person who is issued a citation before the effective
  date of this Act is governed by the law in effect on the date the
  citation was issued, and the former law is continued in effect for
  that purpose.
         SECTION 8.  This Act takes effect September 1, 2021.
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