Bill Text: TX HB921 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the release of defendants on bail.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-04-06 - Left pending in committee [HB921 Detail]

Download: Texas-2021-HB921-Introduced.html

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87R4639 ADM-F
By: White H.B. No. 921

A BILL TO BE ENTITLED
AN ACT
relating to the release of defendants on bail.
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. BAIL DECISION. (a) Unless the defendant has
been released, if a defendant is not released on personal bond in
accordance with a standing order adopted by the judges of the
criminal courts trying cases in that county, without unnecessary
delay but not later than 48 hours after a defendant is arrested, a
magistrate shall order at a proceeding open to the public that the
defendant be:
(1) released on personal bond or monetary bail bond
without conditions;
(2) released on personal bond or monetary bail bond
with any condition the magistrate determines necessary; or
(3) denied bail in accordance with this chapter and
other law.
(b) In making a bail decision under this article, the
magistrate shall impose, as applicable, the least restrictive
conditions and minimum amount of bail, whether personal bond or
monetary bail bond, 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) Before imposing a monetary bail bond under Subsection
(b), the magistrate shall make a written finding that the defendant
is able to pay the amount to be imposed. The finding must state the
information on which the magistrate relied. The Office of Court
Administration of the Texas Judicial System shall promulgate a form
for this purpose and make it available to magistrates at no cost.
(d) A bail decision made under this article must be based on
clear and convincing evidence. The defendant must be permitted an
opportunity to present and rebut evidence relevant to the decision.
Art. 17.028. PRETRIAL NOTICE SYSTEM. The judges of the
criminal courts trying cases in a county may adopt a pretrial notice
system under which defendants are periodically notified of the
date, time, and location of future court appearances.
SECTION 2. Article 17.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
The amount of bail to be required in any case is to be regulated by
the court, judge, magistrate, or officer taking the bail and is [;
they are to be] governed [in the exercise of this discretion] by the
Constitution and [by] the following rules:
(1) [1.] The bail shall be sufficiently high to give
reasonable assurance that the undertaking will be complied with.
(2) [2.] The power to require bail is not to be so used
as to make it an instrument of oppression.
(3) [3.] The nature of the offense, [and] the
circumstances under which the offense [it] was committed, and the
defendant's criminal history, including any prior offenses
involving peace officers or family violence, are to be considered.
(4) [4.] The ability to make bail is to be considered
[regarded], and proof may be taken upon this point.
(5) [5.] The future safety of a victim of the alleged
offense and the community shall be considered.
(b) In this article, "family violence" has the meaning
assigned by Section 71.004, Family Code.
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.1501 to read as follows:
Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The
judges of the criminal courts trying cases in a county may
promulgate a standing order setting out a schedule of suggested
amounts for monetary bail bonds for any offense over which the
courts have jurisdiction under Chapter 4. In promulgating the
order, judges shall consider factors such as judicial efficiency,
public safety, the severity of the offense, and the use of criminal
history record information.
(b) A defendant who is charged with an offense for which a
bail schedule has been established under Subsection (a) may waive
the defendant's right to appear before a magistrate under Article
15.17 and be released from custody on giving a monetary bail bond in
the amount required by the schedule.
SECTION 4. 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 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.
SECTION 5. This Act takes effect September 1, 2021.