Bill Text: TX SB1318 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2023-05-23 - Postponed 9/1/23 10:00 AM [SB1318 Detail]
Download: Texas-2023-SB1318-Comm_Sub.html
88R30091 LHC-F | ||
By: Huffman, et al. | S.B. No. 1318 | |
(Smith) | ||
Substitute the following for S.B. No. 1318: No. |
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relating to the release of defendants on bail, the duties of a | ||
magistrate in certain criminal proceedings, and the notice provided | ||
by peace officers to adult victims of family violence. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 5.04(c), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(c) A written notice required by Subsection (b) of this | ||
article is sufficient if it is in substantially the following form | ||
with the required information in English and in Spanish inserted in | ||
the notice: | ||
"It is a crime for any person to cause you any physical injury | ||
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR | ||
FAMILY OR HOUSEHOLD. | ||
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE | ||
"Please tell the investigating peace officer: | ||
"IF you, your child, or any other household resident has been | ||
injured; or | ||
"IF you feel you are going to be in danger when the officer | ||
leaves or later. | ||
"You have the right to: | ||
"ASK the local prosecutor to file a criminal complaint | ||
against the person committing family violence; | ||
"PROVIDE information to the local prosecutor that will be | ||
helpful to a magistrate setting bail if the person committing | ||
family violence is arrested; and | ||
"APPLY to a court for an order to protect you (you should | ||
consult a legal aid office, a prosecuting attorney, or a private | ||
attorney). If a family or household member assaults you and is | ||
arrested, you may request that a magistrate's order for emergency | ||
protection be issued. Please inform the investigating officer if | ||
you want an order for emergency protection. You need not be | ||
present when the order is issued. You cannot be charged a fee by a | ||
court in connection with filing, serving, or entering a protective | ||
order. For example, the court can enter an order that: | ||
"(1) the abuser not commit further acts of violence; | ||
"(2) the abuser not threaten, harass, or contact you at home; | ||
"(3) directs the abuser to leave your household; and | ||
"(4) establishes temporary custody of the children and | ||
directs the abuser not to interfere with the children or any | ||
property. | ||
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED | ||
PROTECTION (such as (1) and (2) above) MAY BE A FELONY. | ||
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL | ||
ORGANIZATIONS IF YOU NEED PROTECTION: | ||
"____________________________ | ||
"____________________________." | ||
SECTION 2. Article 15.17, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) Not later than 24 hours after the time a magistrate | ||
determines that no probable cause exists to believe that a person | ||
committed the offense for which the person was arrested, the | ||
magistrate shall make oral or written findings of fact and | ||
conclusions of law to support that finding. | ||
SECTION 3. Article 17.021, Code of Criminal Procedure, is | ||
amended by adding Subsection (h) to read as follows: | ||
(h) The office shall, without cost to the county, allow a | ||
county to integrate with the public safety report system the jail | ||
records management system and case management system used by the | ||
county. | ||
SECTION 4. Article 17.022, Code of Criminal Procedure, is | ||
amended by adding Subsection (g) to read as follows: | ||
(g) In the manner described by this article, a magistrate | ||
may order, prepare, or consider a public safety report in setting | ||
bail for a defendant who is not in custody at the time the report is | ||
ordered, prepared, or considered. | ||
SECTION 5. The heading to Article 17.027, Code of Criminal | ||
Procedure, is amended to read as follows: | ||
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH | ||
FELONY OFFENSE [ |
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SECTION 6. Article 17.027, Code of Criminal Procedure, is | ||
amended by amending Subsection (a) and adding Subsections (a-1), | ||
(a-2), (c), and (d) to read as follows: | ||
(a) Notwithstanding any other law: | ||
(1) if a defendant is charged with committing an | ||
offense punishable as a felony while released on bail in a pending | ||
case for another offense punishable as a felony and the subsequent | ||
offense was committed in the same county as the previous offense, | ||
the defendant may be released on bail only by: | ||
(A) the court before whom the case for the | ||
previous offense is pending; or | ||
(B) another court designated in writing by the | ||
court described by Paragraph (A); and | ||
(2) if a defendant is charged with committing an | ||
offense punishable as a felony while released on bail for another | ||
pending offense punishable as a felony and the subsequent offense | ||
was committed in a different county than the previous offense, | ||
electronic notice of the charge must be [ |
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individual designated to receive electronic notices for the county | ||
in which the previous offense was committed, not later than the next | ||
business day after the date the defendant is charged, for purposes | ||
of the court specified by Subdivision (1) [ |
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conditions were violated[ |
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such as an action described by Subsection (a-1). | ||
(a-1) If a defendant is charged with committing an offense | ||
punishable as a felony while released on bail in a pending case for | ||
another offense punishable as a felony, the court before which the | ||
case for the previous offense is pending shall consider whether to | ||
revoke or modify the terms of the previous bond or to otherwise | ||
reevaluate the previous bail decision. | ||
(a-2) A criminal law hearing officer appointed under | ||
Chapter 54, Government Code, may not make a bail decision regarding | ||
a defendant who: | ||
(1) is charged with committing an offense punishable | ||
as a felony if the defendant: | ||
(A) was on parole at the time of the offense; | ||
(B) has previously been finally convicted of two | ||
or more offenses punishable as a felony and for which the defendant | ||
was imprisoned in the Texas Department of Criminal Justice; or | ||
(C) is subject to an immigration detainer issued | ||
by United States Immigration and Customs Enforcement; or | ||
(2) is charged with committing an offense under the | ||
following provisions of the Penal Code: | ||
(A) Section 19.02 (murder); | ||
(B) Section 19.03 (capital murder); | ||
(C) Section 20.04 (aggravated kidnapping); | ||
(D) Section 22.02 (aggravated assault); or | ||
(E) Section 22.021 (aggravated sexual assault). | ||
(c) The local administrative district judge for each county | ||
shall designate an individual to receive electronic notices under | ||
Subsection (a)(2). The county shall ensure that the name and | ||
contact information of the individual designated to receive notices | ||
under this subsection is: | ||
(1) provided on all criminal history and warrant | ||
documents issued by the county; and | ||
(2) included in the public safety report system | ||
developed under Article 17.021. | ||
(d) An individual designated under Subsection (c) who | ||
receives an electronic notice under Subsection (a) shall promptly | ||
provide the notice to the court specified by Subsection (a)(1) and | ||
to the attorney representing the state and the defendant's attorney | ||
in the pending case for the offense for which the defendant was | ||
initially released on bail. A notice provided under this subsection | ||
does not constitute an ex parte communication. | ||
SECTION 7. Articles 17.03(a) and (b-2), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(a) Except as otherwise provided by this chapter | ||
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discretion, release the defendant on personal bond without sureties | ||
or other security. | ||
(b-2) Except as provided by Articles 15.21, 17.033, and | ||
17.151, a defendant may not be released on personal bond if the | ||
defendant: | ||
(1) is charged with: | ||
(A) an offense involving violence; or | ||
(B) an offense under: | ||
(i) Section 481.1123, Health and Safety | ||
Code (manufacture or delivery of substance in Penalty Group 1-B); | ||
(ii) Section 25.07, Penal Code (violation | ||
of certain court orders or conditions of bond in a family violence, | ||
child abuse or neglect, sexual assault or abuse, indecent assault, | ||
stalking, or trafficking case); or | ||
(iii) Section 46.04(a), Penal Code | ||
(unlawful possession of firearm); or | ||
(2) while released on bail or community supervision | ||
for an offense involving violence, is charged with committing: | ||
(A) any offense punishable as a felony; or | ||
(B) an offense under the following provisions of | ||
the Penal Code: | ||
(i) Section 22.01(a)(1) (assault); | ||
(ii) Section 22.05 (deadly conduct); | ||
(iii) Section 22.07 (terroristic threat); | ||
or | ||
(iv) Section 42.01(a)(7) or (8) (disorderly | ||
conduct involving firearm). | ||
SECTION 8. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.034 to read as follows: | ||
Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS | ||
CHARGED WITH NONVIOLENT MISDEMEANORS. (a) In this article, | ||
"nonviolent misdemeanor" means any offense punishable as a | ||
misdemeanor, other than an offense punishable as a Class A or Class | ||
B misdemeanor under the following provisions of the Penal Code: | ||
(1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71; | ||
(2) Section 49.04(d); or | ||
(3) Section 49.06. | ||
(b) This article applies only to a defendant who has not | ||
previously been convicted of or placed on deferred adjudication | ||
community supervision for an offense, other than a traffic offense | ||
punishable by fine only. | ||
(c) Notwithstanding Article 17.03(b), or a bond schedule | ||
adopted or a standing order entered by a judge, a magistrate shall | ||
release a defendant charged with a nonviolent misdemeanor on | ||
personal bond unless the release on personal bond is otherwise | ||
prohibited by law or the magistrate enters a finding on the record | ||
that no conditions of release are sufficient to reasonably ensure: | ||
(1) the defendant's appearance in court as required; | ||
and | ||
(2) the safety of the community, law enforcement, and | ||
the victim of the alleged offense. | ||
SECTION 9. Article 17.21, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when | ||
the accused is in custody of the sheriff or other officer, and the | ||
court before which the prosecution is pending is in session in the | ||
county where the accused is in custody, the court shall fix the | ||
amount of bail, if it is a bailable case and determine if the | ||
accused is eligible for a personal bond; and the sheriff or other | ||
peace officer, unless it be the police of a city, or a jailer | ||
licensed under Chapter 1701, Occupations Code, is authorized to | ||
take a bail bond of the accused in the amount as fixed by the court, | ||
to be approved by such officer taking the same, and will thereupon | ||
discharge the accused from custody. The defendant and the | ||
defendant's sureties are not required to appear in court. | ||
(b) Notwithstanding Subsection (a), a magistrate may not | ||
release on bail a defendant charged with an offense punishable as a | ||
felony unless: | ||
(1) the defendant has appeared before the magistrate; | ||
and | ||
(2) the magistrate has considered the public safety | ||
report prepared under Article 17.022 for the defendant. | ||
SECTION 10. Article 44.01(a), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(a) The state is entitled to appeal an order of a court in a | ||
criminal case if the order: | ||
(1) dismisses an indictment, information, or | ||
complaint or any portion of an indictment, information, or | ||
complaint; | ||
(2) arrests or modifies a judgment; | ||
(3) grants a new trial; | ||
(4) sustains a claim of former jeopardy; | ||
(5) grants a motion to suppress evidence, a | ||
confession, or an admission, if jeopardy has not attached in the | ||
case and if the prosecuting attorney certifies to the trial court | ||
that the appeal is not taken for the purpose of delay and that the | ||
evidence, confession, or admission is of substantial importance in | ||
the case; [ |
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(6) is issued under Chapter 64; or | ||
(7) grants bail, in an amount considered insufficient | ||
by the prosecuting attorney, to a defendant who: | ||
(A) is charged with an offense punishable as a | ||
felony; and | ||
(B) has previously been granted bail for a | ||
pending offense punishable as a felony. | ||
SECTION 11. Section 72.038, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) A person who releases a defendant on bail under the | ||
authority of a standing order related to bail shall complete the | ||
form required under this section. | ||
SECTION 12. 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 13. This Act takes effect September 1, 2023. |