88R14130 JCG-F
 
  By: Reynolds H.B. No. 4379
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to citations and arrests for criminal offenses and
  pretrial detention and release.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 1, Code of Criminal Procedure, is amended
  by adding Chapter 17B to read as follows:
  CHAPTER 17B. PRETRIAL RELEASE AND DETENTION ACT
  SUBCHAPTER A. GENERAL PROVISIONS
         Art. 17B.001.  SHORT TITLE. This chapter may be cited as the
  Texas Pretrial Release and Detention Act.
         Art. 17B.002.  DEFINITIONS. In this chapter:
               (1)  "Abscond" means to fail to appear in court as
  required with the intent to avoid or delay adjudication.
               (2)  "Charge" means an allegation of an offense in a
  complaint, information, indictment, citation, or similar record.
               (3)  "Citation" means a record issued by a peace
  officer alleging an offense.
               (4)  "Covered offense" means:
                     (A)  a violent offense or sexual offense as those
  terms are defined by Section 11a(b), Article I, Texas Constitution;
  or
                     (B)  an offense under Section 20A.03, Penal Code
  (Continuous Trafficking of Persons).
               (5)  "Detention hearing" means a hearing under Article
  17B.151.
               (6)  "Homeless person" means a person who at any time in
  the preceding six months had a primary address at:
                     (A)  a shelter operated and supervised by a
  governmental entity or a private charitable organization for the
  purpose of providing temporary living accommodations, including
  welfare hotels, congregate shelters, or transitional housing for
  persons with behavioral or mental health disorders; or
                     (B)  a public or private place not designed for or
  regularly used as a regular sleeping accommodation for human
  beings, including an automobile, a park, an abandoned building, a
  bus or train station, or a similar setting.
               (7)  "Obstruct justice" means interfere with the
  criminal process with the intent to influence or impede the
  administration of justice. The term includes tampering with a
  witness or evidence.
               (8)  "Offense" means conduct prohibited by law and
  subject to a criminal penalty.
               (9)  "Record" means information that is inscribed on a
  tangible medium or that is stored in an electronic or other medium
  and is retrievable in perceivable form.
               (10)  "Release hearing" means a hearing under Article
  17B.101.
               (11)  "Release on recognizance" means pretrial release
  of an individual with no condition other than to appear in court as
  required and to abide by generally applicable laws.
               (12)  "Secured appearance bond" means a person's
  promise, secured by sufficient surety, deposit, lien, or proof of
  access to collateral, to forfeit a specified sum if the individual
  whose appearance is the subject of the bond absconds or does not
  appear.
               (13)  "Undue hardship" means a burden that causes a
  person or the person's dependents to sacrifice to some extent the
  basic necessities of life, including food, medical care, clothing,
  shelter, transportation, or hygiene products.
               (14)  "Unsecured appearance bond" means a person's
  promise other than through secured appearance bond to forfeit a
  specified sum if the individual whose appearance is the subject of
  the bond absconds or does not appear.
         Art. 17B.003.  SCOPE. This chapter governs a determination
  to arrest, release, or detain an individual before trial. This
  chapter does not affect the law of this state other than this
  chapter regarding related matters, including:
               (1)  forfeiture, release, or collection of a secured
  appearance bond or an unsecured appearance bond;
               (2)  involuntary commitment;
               (3)  a right of a crime victim, including a right of
  notification;
               (4)  appellate review; or
               (5)  release pending appeal.
         Art. 17B.004.  CONFLICT OF LAWS. To the extent of any
  conflict between this chapter and another law, this chapter
  prevails.
  SUBCHAPTER B. CITATION AND ARREST
         Art. 17B.051.  AUTHORITY FOR CITATION OR ARREST. (a) If a
  peace officer has probable cause to believe an individual is
  committing or has committed an offense, the peace officer may issue
  the individual a citation or take other action authorized by law.
         (b)  Except as otherwise provided by law of this state other
  than this chapter, a peace officer, including a person acting at the
  direction of the peace officer, may arrest an individual only if:
               (1)  the individual is subject to an order of detention
  from any jurisdiction, including an arrest warrant or order of
  revocation of community supervision, parole, mandatory
  supervision, or release; or
               (2)  subject to Subsection (c), the peace officer has
  probable cause to believe the individual is committing or has
  committed an offense.
         (c)  If an offense under Subsection (b)(2) is a misdemeanor,
  a peace officer, including a person acting at the direction of a
  peace officer, may not arrest an individual unless: 
               (1)  after the person has used all reasonably available
  means to confirm the identification of the individual, the
  individual fails to provide adequate identification, orally or
  through documentation, as lawfully requested by the person; or
               (2)  the peace officer reasonably believes arrest is
  necessary to: 
                     (A)  protect a reasonably identifiable individual
  from significant imminent harm; or
                     (B)  prevent the individual from fleeing the
  jurisdiction.
         (d)  For each arrest a peace officer makes under this
  article, the peace officer shall report to the law enforcement
  agency that employs the officer the reason the officer did not issue
  a citation in lieu of arrest under Subsection (a).
         Art. 17B.052.  FORM OF CITATION. A citation must state:
               (1)  the circumstances of the alleged offense and the
  provision of law violated;
               (2)  if a court appearance is required:
                     (A)  the time and place the individual must appear
  before a magistrate; and
                     (B)  the process for requesting a change in the
  appearance date; and
               (3)  the possible consequences of failing to appear as
  required by the citation or committing an offense before the
  individual's first court appearance.
         Art. 17B.0525.  DUTIES AFTER CITATION. After issuing a
  citation under Article 17B.051 to an individual, a peace officer
  shall offer the following services to the individual:
               (1)  phone calls and text messages to the individual
  for the purpose of reminding the individual of the date the
  individual is required to appear in court;
               (2)  information on how the individual may:
                     (A)  contact the court for further information;
                     (B)  report to the court a change in
  circumstances, including difficulties in attending a scheduled
  court appearance; or
                     (C)  reschedule the date and time the individual
  is required to appear in court; and
               (3)  if available in the jurisdiction, transportation
  to the court for the scheduled appearance, transitional housing as
  needed, and child care for the purpose of assisting the individual
  in attending the scheduled court appearance.
         Art. 17B.053.  RELEASE AFTER ARREST. A peace officer may
  release an individual after arrest and without a release hearing by
  issuing a citation under Article 17B.051(a). The peace officer may
  require the individual to execute an unsecured appearance bond as a
  condition of release.
         Art. 17B.054.  APPEARANCE ON CITATION. (a) If an individual
  appears as required by a citation, the court shall issue an order of
  pretrial release on recognizance in the case for which the citation
  was issued. The order must include the information under Article
  17B.104(a).
         (b)  If an individual absconds or does not appear as required
  by a citation, the court may issue an arrest warrant.
  SUBCHAPTER C. RELEASE HEARING
         Art. 17B.101.  RIGHT TO HEARING; TIMING. (a) Unless an
  arrested individual is released under Article 17B.053 after arrest,
  the individual is entitled to a hearing to determine release
  pending trial. Except as otherwise provided in Subsection (b), the
  court shall hold the hearing not later than 24 hours after the
  arrest.
         (b)  The court may continue a release hearing:
               (1)  on motion of the arrested individual; or
               (2)  in extraordinary circumstances, to a time that is
  not later than 48 hours after arrest, on its own motion.
         Art. 17B.102.  RIGHTS OF ARRESTED INDIVIDUAL. (a) An
  arrested individual has a right to be heard at a release hearing.
         (b)  An arrested individual has a right to counsel at a
  release hearing. If the individual is unable to obtain counsel for
  the hearing, the court shall appoint counsel. The scope of
  representation under this article may be limited to the subject
  matter of the hearing.
         Art. 17B.103.  JUDICIAL DETERMINATION OF RELEVANT RISK. At
  a release hearing, the court shall determine whether the arrested
  individual poses a risk that is relevant to pretrial release. The
  individual poses a relevant risk only if the court determines by
  clear and convincing evidence that the individual is significantly
  likely to abscond, obstruct justice, violate a protective order, or
  cause significant harm to a reasonably identifiable individual. The
  court shall consider:
               (1)  available information concerning:
                     (A)  the nature, seriousness, and circumstances
  of the alleged offense;
                     (B)  the weight of the evidence against the
  individual;
                     (C)  the individual's adult criminal history,
  history of absconding, and community ties;
                     (D)  whether the individual has a pending charge
  in another matter or is on community supervision, parole, or
  mandatory supervision; and
                     (E)  only as factors supporting release, the
  defendant's:
                           (i)  place of residence and the period for
  which the defendant has resided there;
                           (ii)  community ties; and
                           (iii)  employment and education
  commitments;
               (2)  any relevant information in a pretrial risk
  assessment; and
               (3)  other relevant information that weighs in favor of
  release, including information provided by the individual or the
  attorney representing the state.
         Art. 17B.104.  PRETRIAL RELEASE. (a) Except as otherwise
  provided in Subsection (b) and Article 17B.108, at a release
  hearing the court shall issue an order of pretrial release on
  recognizance. The order must state:
               (1)  the time and place the individual must appear
  before a magistrate; and
               (2)  the possible consequences of failing to appear as
  required by the order of committing an offense while the charge is
  pending.
         (b)  If the court determines under Article 17B.103 that an
  arrested individual poses a relevant risk, the court shall
  determine under Articles 17B.105, 17B.106, and 17B.107 whether
  pretrial release of the individual is appropriate.
         (c)  If the court determines under Articles 17B.105,
  17B.106, and 17B.107 that pretrial release is appropriate, the
  court shall issue an order of pretrial release. The order must
  include the information required under Subsection (a) and any
  restrictive condition imposed by the court.
         Art. 17B.105.  PRACTICAL ASSISTANCE; VOLUNTARY SUPPORTIVE
  SERVICES. (a) If the court determines under Article 17B.103 that an
  arrested individual poses a relevant risk, the court shall
  determine whether practical assistance or a voluntary supportive
  service, or both, are available and sufficient to address
  satisfactorily the risk.
         (b)  If the court determines the practical assistance or a
  voluntary supportive service is available and sufficient to address
  satisfactorily a relevant risk the court identifies under Article
  17B.103, the court shall refer the individual to the practical
  assistance or voluntary supportive service and issue an order of
  pretrial release under Article 17B.104(c).
         (c)  For purposes of this article, "voluntary supportive
  service" includes transportation assistance, child care
  assistance, and referrals to community-based mental health
  services.
         Art. 17B.106.  RESTRICTIVE CONDITION OF RELEASE. (a) If the
  court determines under Article 17B.105 that practical assistance or
  a voluntary supportive service is not sufficient to address
  satisfactorily a relevant risk the court identifies under Article
  17B.103, the court shall impose the least restrictive condition or
  conditions reasonably necessary to address satisfactorily the risk
  and issue an order of pretrial release under Article 17B.104(c).
         (b)  A restrictive condition under Subsection (a) may
  include:
               (1)  mandatory therapeutic treatment or social
  services;
               (2)  a requirement to seek to obtain or maintain
  employment or maintain an education commitment; 
               (3)  a restriction on possession or use of a weapon;
               (4)  a restriction on travel; 
               (5)  a restriction on contact with a specified person;
               (6)  a restriction on a specified activity;
               (7)  supervision by a community supervision and
  corrections department or an individual;
               (8)  active or passive electronic monitoring;
               (9)  house arrest;
               (10)  subject to Article 17B.107, a secured appearance
  bond or unsecured appearance bond;
               (11)  a condition proposed by the arrested individual,
  the attorney representing the state, or an alleged victim;
               (12)  any other nonfinancial condition required by law
  of this state other than this chapter; or
               (13)  another condition to address satisfactorily the
  relevant risk the court identifies under Article 17B.103.
         (c)  The court shall state in a record the reasons the
  restrictive condition or conditions imposed under Subsection (a)
  are the least restrictive reasonably necessary to address
  satisfactorily the relevant risk the court identifies under Article
  17B.103.
         Art. 17B.107.  FINANCIAL CONDITION OF RELEASE. (a) Subject
  to Articles 17B.108 and 17B.153, the court may not impose a
  restrictive condition under Article 17B.106 that requires initial
  payment of a fee in a sum greater than the arrested individual is
  able to pay without causing undue hardship from personal financial
  resources not later than 24 hours after the condition is imposed. If
  the individual is unable to pay the initial fee, the court shall
  waive or modify the fee, or waive or modify the restrictive
  condition that requires payment of the fee, to the extent necessary
  to release the individual. If the individual is unable to pay a
  recurring fee, the court shall waive or modify the recurring fee or
  the restrictive condition that requires payment of the fee.
         (b)  Before imposing a secured appearance bond or unsecured
  appearance bond under Article 17B.106, the court shall consider the
  arrested individual's personal financial resources and
  obligations, including income, assets, expenses, liabilities, and
  dependents.
         (c)  Subject to Articles 17B.108 and 17B.153, the court may
  not impose a secured appearance bond as a restrictive condition
  under Article 17B.106 unless the court determines by clear and
  convincing evidence that the arrested individual is significantly
  likely to abscond, obstruct justice, or violate a protective order.
         (d)  Subject to Articles 17B.108 and 17B.153, the court may
  not impose a secured appearance bond as a restrictive condition
  under Article 17B.106:
               (1)  to keep an arrested individual detained;
               (2)  for a charge that is not a felony, unless the
  individual has been previously convicted of an offense under
  Section 38.10, Penal Code, within the preceding five years; or
               (3)  the cost of which is an amount greater than the
  individual is able to pay without causing undue hardship from
  personal financial resources not later than 24 hours after the
  condition is imposed.
         (e)  The court shall presume that a restrictive condition
  requiring the payment of a fee or imposing a secured appearance bond
  causes undue hardship under Subsection (a) or (d) on the arrested
  individual if the individual:
               (1)  is eligible for the appointment of counsel in a
  criminal proceeding under Article 26.04 or other law;
               (2)  is, or has been at any time within the preceding
  six months, a homeless person;
               (3)  regularly earns income at or below 200% of the
  federal poverty level;
               (4)  is a full-time student enrolled at a college or an
  institution of higher education;
               (5)  has been at any time in the preceding six months
  confined in a correctional facility, as defined by Section 1.07,
  Penal Code;
               (6)  has resided at any time in the preceding six months
  in a facility primarily engaged in providing mental health
  services; or
               (7)  qualifies for or has dependents who qualify for
  any state or federal assistance program, including:
                     (A)  the medical assistance program operated
  under Chapter 32, Human Resources Code;
                     (B)  the supplemental nutrition assistance
  program (SNAP) operated under Chapter 33, Human Resources Code;
                     (C)  the Temporary Assistance for Needy Families
  (TANF) program;
                     (D)  Supplemental Security Income (SSI) benefits
  under 42 U.S.C. Section 1381 et seq.;
                     (E)  Social Security Disability Insurance (SSDI)
  benefits under 42 U.S.C. Section 401 et seq.; or
                     (F)  housing assistance payments under any
  federal law described by Section 2306.6702(5)(A)(i), Government
  Code.
         (f)  A restrictive condition imposed under Article 17B.106
  that requires the payment of a fee or imposes a secured appearance
  bond may never be in an amount that exceeds two percent of the
  arrested individual's annual income.
         Art. 17B.108.  TEMPORARY PRETRIAL DETENTION. (a) At the
  conclusion of a release hearing, the court may issue an order to
  detain the arrested individual temporarily until a detention
  hearing, or may impose a financial condition of release in an amount
  greater than the individual is able to pay from personal financial
  resources not later than 24 hours after the condition is imposed,
  only if the individual is charged with a covered offense and the
  court determines by clear and convincing evidence that:
               (1)  it is likely that the individual will abscond,
  obstruct justice, violate a protective order, or cause significant
  harm to a reasonably identifiable individual and that no less
  restrictive condition is sufficient to address satisfactorily the
  relevant risk the court identifies under Article 17B.103; or
               (2)  the individual has violated a condition of an
  order of pretrial release for a pending criminal charge.
         (b)  If the court issues an order under Subsection (a) to
  detain the arrested individual temporarily or that imposes a
  financial condition of release in an amount greater than the
  individual is able to pay from personal financial resources not
  later than 24 hours after the condition is imposed, the court shall
  state its reasons in a record, including why no less restrictive
  condition or combination of conditions is sufficient.
  SUBCHAPTER D. DETENTION HEARING
         Art. 17B.151.  DUTY TO HOLD HEARING; TIMING. (a) If the court
  issues an order of temporary pretrial detention of an arrested
  individual under Article 17B.108, or pretrial release of an
  arrested individual under Article 17B.104 subject to a restrictive
  condition that results in continued detention of the individual,
  the court shall hold a hearing to consider continued detention of
  the individual pending trial. The hearing must be held not later
  than 48 hours after issuance of the order.
         (b)  The court on its own motion may continue a detention
  hearing for good cause for not more than 48 hours.
         (c)  The court shall continue a detention hearing on motion
  of the detained individual for not more than 48 hours.
         (d)  At the conclusion of a detention hearing, the court
  shall issue an order of pretrial release or detention.
         Art. 17B.152.  RIGHTS OF DETAINED INDIVIDUAL. (a) At a
  detention hearing, the detained individual has a right to counsel.
  If the individual is indigent, the court shall appoint counsel. The
  scope of representation under this article may be limited to the
  subject matter of the hearing.
         (b)  At a detention hearing, the detained individual has a
  right to:
               (1)  review evidence to be introduced by the attorney
  representing the state before it is introduced at the hearing;
               (2)  present evidence, call witnesses, and provide
  information;
               (3)  testify; and
               (4)  cross-examine witnesses.
         Art. 17B.153.  PRETRIAL DETENTION. (a) At a detention
  hearing, the court shall consider the criteria in Articles 17B.103,
  17B.104, 17B.105, 17B.106, and 17B.107 to determine whether to
  issue an order of pretrial detention or continue, amend, or
  eliminate a restrictive condition that has resulted in continued
  detention of the detained individual. If failure to satisfy a
  secured appearance bond or pay a fee is the only reason the
  individual continues to be detained, the fact of detention is prima
  facie evidence that the individual is unable to satisfy the bond or
  pay the fee.
         (b)  The court at a detention hearing may issue an order of
  pretrial detention or continue a restrictive condition of release
  that results in detention only if the detained individual is
  charged with a covered offense and the court determines by clear and
  convincing evidence that it is likely that the individual will
  abscond, obstruct justice, violate a protective order, or cause
  significant harm to a reasonably identifiable individual and no
  less restrictive condition is sufficient to address satisfactorily
  the relevant risk the court identifies under Article 17B.103.
         (c)  If under Subsection (b) the court issues an order of
  pretrial detention or continues a restrictive condition of release
  that results in detention, the court shall state its reasons in a
  record, including why no less restrictive condition or combination
  of conditions is sufficient.
  SUBCHAPTER E. MODIFYING OR VACATING ORDER
         Art. 17B.201.  MODIFYING OR VACATING BY AGREEMENT. By
  agreement of the attorney representing the state and an individual
  subject to an order under Subchapter C or D, the court may:
               (1)  modify an order of pretrial release;
               (2)  vacate an order of pretrial detention and issue an
  order of pretrial release; or
               (3)  issue an order of pretrial detention.
         Art. 17B.202.  MOTION TO MODIFY. On its own or on motion of a
  party, the court may modify an order of pretrial release or
  detention using the procedures and standards in Subchapters C and
  D. The court may consider new information relevant to the order,
  including information that the individual subject to the order has
  violated a condition of release or has demonstrated a history of
  compliance with the conditions of release.
         SECTION 2.  This Act applies to an arrest made, a citation
  issued, or a release or detention hearing held on or after the
  effective date of this Act, including a hearing to enforce, modify,
  or vacate a release or detention order issued before the effective
  date of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.