Bill Text: TX HB686 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to bail release decisions in criminal cases and the payment of certain costs by a defendant released on bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to Criminal Jurisprudence [HB686 Detail]
Download: Texas-2017-HB686-Introduced.html
85R4848 MAW-D | ||
By: Wu | H.B. No. 686 |
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relating to bail release decisions in criminal cases and the | ||
payment of certain costs by a defendant released on bail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 17.03, Code of Criminal Procedure, is | ||
amended by adding Subsection (e-1) to read as follows: | ||
(e-1) A magistrate may not require a defendant who is | ||
indigent to pay the cost of testing for alcohol or controlled | ||
substances required under this article. | ||
SECTION 2. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.145 to read as follows: | ||
Art. 17.145. BAIL RELEASE POLICY. (a) The district judges | ||
with criminal jurisdiction in each judicial district shall adopt a | ||
policy establishing recommended bail release decisions for any | ||
misdemeanor or felony offense pending in that district. A policy | ||
must: | ||
(1) be evidence-based; | ||
(2) make a recommendation regarding a defendant's | ||
release on bail for each offense according to the following | ||
categories: | ||
(A) release on a personal bond without | ||
conditions; | ||
(B) release on a personal bond with conditions; | ||
(C) release on a bail bond without conditions; | ||
(D) release on a bail bond with conditions; or | ||
(E) denial of release on bail; and | ||
(3) include recommended bail amounts, as applicable. | ||
(b) A court, judge, magistrate, or officer may not use a | ||
bail schedule in setting bail unless the schedule is part of a | ||
policy adopted under this article. | ||
SECTION 3. Article 17.43, Code of Criminal Procedure, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) A magistrate may not require a defendant who is indigent | ||
to pay the cost of electronic monitoring required under this | ||
article. | ||
SECTION 4. Article 17.44, Code of Criminal Procedure, is | ||
amended by adding Subsection (f) to read as follows: | ||
(f) A magistrate may not require a defendant who is indigent | ||
to pay the cost of electronic monitoring or testing for controlled | ||
substances required under this article. | ||
SECTION 5. Article 17.441, Code of Criminal Procedure, is | ||
amended by adding Subsection (e) to read as follows: | ||
(e) A magistrate may not require a defendant who is indigent | ||
to pay the cost of installing or monitoring a device required under | ||
this article. | ||
SECTION 6. Article 17.49(h), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(h) If the magistrate determines that a defendant is | ||
indigent, the magistrate may not [ |
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under Subsection (b)(2) or (3) [ |
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SECTION 7. Subchapter B, Chapter 22, Government Code, is | ||
amended by adding Section 22.113 to read as follows: | ||
Sec. 22.113. DUTIES REGARDING BAIL RELEASE. (a) The court | ||
of criminal appeals shall require each judicial district to collect | ||
and report information to the court regarding the pretrial release | ||
of defendants in the district. The court of criminal appeals shall | ||
specify the information to be collected and the frequency of | ||
reporting. | ||
(b) The court of criminal appeals may adopt rules as | ||
necessary to implement this section and Article 17.145, Code of | ||
Criminal Procedure. | ||
SECTION 8. Article 17.49(i), Code of Criminal Procedure, is | ||
repealed. | ||
SECTION 9. Not later than January 1, 2020, each judicial | ||
district shall: | ||
(1) adopt the policy required by Article 17.145, Code | ||
of Criminal Procedure, as added by this Act; and | ||
(2) submit a report to the court of criminal appeals | ||
that includes: | ||
(A) the policy adopted by the district; and | ||
(B) a description of the factors considered by | ||
the district in adopting the policy. | ||
SECTION 10. This Act takes effect September 1, 2017. |