Bill Text: TX SB21 | 2021-2022 | 87th Legislature | Engrossed

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Bill Title: Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.

Sponsorship: Partisan Bill (Republican 3)

Status: (Engrossed - Dead) 2021-04-20 - Referred to Criminal Jurisprudence [SB21 Detail]

Download: Texas-2021-SB21-Engrossed.html

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By: Huffman, Bettencourt S.B. No. 21
Nelson

A BILL TO BE ENTITLED
AN ACT
relating to rules for fixing the amount of bail, to the release of
certain defendants on a bail bond or personal bond, to related
duties of certain officers taking bail bonds and of a magistrate in
a criminal case, to charitable bail organizations, and to the
reporting of information pertaining to bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.027 to read as follows:
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
OFFENSE COMMITTED WHILE ON BAIL. Notwithstanding any other law, if
a defendant is charged with committing an offense while released on
bail for another offense, only the court before whom the case for
the previous offense is pending may release the defendant on bail.
The defendant must be presented to the court within the period
prescribed by Article 15.17, either in person or by means of
videoconference, in accordance with that article.
SECTION 2. Article 17.03, Code of Criminal Procedure, is
amended by amending Subsections (a) and (b) and adding Subsection
(b-2) to read as follows:
(a) Except as provided by Subsection (b), [or] (b-1), or
(b-2), a magistrate may, in the magistrate's discretion, release
the defendant on personal bond without sureties or other security.
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.021 (Aggravated Sexual Assault);
(D) [Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
[(E)] Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
(E) [(F)] Section 29.03 (Aggravated Robbery);
(F) [(G)] Section 30.02 (Burglary);
(G) [(H)] Section 71.02 (Engaging in Organized
Criminal Activity);
(H) [(I)] Section 21.02 (Continuous Sexual Abuse
of Young Child or Children); or
(I) [(J)] Section 20A.03 (Continuous Trafficking
of Persons);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
(b-2) A magistrate may not release on personal bond a
defendant who:
(1) is charged with committing an offense while
released on bail or community supervision for an offense involving
violence, as defined by Article 17.15(b); or
(2) has previously been convicted of an offense
involving violence, as defined by Article 17.15(b).
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.0501, 17.0502, and 17.071 to read as
follows:
Art. 17.0501. REQUIRED TRAINING. The Department of Public
Safety shall develop training courses that relate to the use of the
statewide telecommunications system maintained by the department
and that are directed to each magistrate, judge, sheriff, peace
officer, or jailer required to obtain criminal history record
information under this chapter, as necessary to enable the person
to fulfill those requirements.
Art. 17.0502. COMPLETION OF BAIL FORM. (a) Each
magistrate, judge, sheriff, peace officer, or jailer shall, at the
time the person sets bail for a defendant under this chapter,
complete the form promulgated by the Office of Court Administration
of the Texas Judicial System under Section 72.036, Government Code.
(b) A person completing a form under this article shall
electronically deliver the completed form to the Office of Court
Administration of the Texas Judicial System as soon as is
practicable.
Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
article, "charitable bail organization" means a person who solicits
donations from the public for the purpose of depositing money with a
court in the amount of a defendant's bail bond. The term does not
include:
(1) a person soliciting donations with respect to a
defendant who is a member of the person's family, as determined
under Section 71.003, Family Code; or
(2) a nonprofit corporation organized for the purpose
of religious worship.
(b) This article does not apply to a charitable bail
organization that pays a bail bond for not more than three
defendants in any 180-day period.
(c) A charitable bail organization shall file in the office
of the county clerk of each county where the organization intends to
pay bail bonds an affidavit designating the individuals authorized
to pay bonds on behalf of the organization.
(d) A charitable bail organization may only pay bail bonds
for indigent defendants who:
(1) are not charged with an offense involving
violence, as defined by Article 17.15(b); and
(2) have not previously been convicted of an offense
involving violence, as defined by Article 17.15(b).
(e) Not later than the 10th day of each month, a charitable
bail organization shall submit, to the sheriff of each county in
which the organization files an affidavit under Subsection (c), a
report that includes the following information for each defendant
for whom the organization paid a bail bond in the preceding calendar
month:
(1) the name of the defendant;
(2) the cause number of the case;
(3) the county in which the applicable charge is
pending, if different from the county in which the bond was paid;
and
(4) any dates on which the defendant has failed to
appear in court as required for the charge for which the bond was
paid.
(f) A charitable bail organization may not pay a bail bond
for a defendant at any time the organization is considered to be out
of compliance with the reporting requirements of this article.
(g) A sheriff may suspend a charitable bail organization
from paying bail bonds in the sheriff's county for one year if the
sheriff determines the organization has paid bonds in violation of
this article.
(h) Chapter 22 applies to a bail bond paid by a charitable
bail organization.
(i) A charitable bail organization may not accept a premium
or compensation for paying a bail bond for a defendant.
SECTION 4. Article 17.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.15. RULES FOR 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; they are to be
governed in the exercise of this discretion by the Constitution and
by the following rules:
1. The bail shall be sufficiently high to give reasonable
assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make
it an instrument of oppression.
3. The nature of the offense and the circumstances under
which it was committed are to be considered, including whether the
offense is an offense involving violence and whether the violence
was directed against a peace officer.
4. The ability to make bail is to be regarded, and proof may
be taken upon this point.
5. The future safety of a victim of the alleged offense and
the community shall be considered.
6. The criminal history of the defendant, including any
other pending criminal charges and any instances in which the
defendant failed to appear in court following release on bail, is to
be considered.
7. The citizenship status of the defendant is to be
considered.
(b) In this article, "offense involving violence" means an
offense under the following sections of the Penal Code:
(1) Section 19.02 (murder);
(2) Section 19.03 (capital murder);
(3) Section 20.03 (kidnapping);
(4) Section 20.04 (aggravated kidnapping);
(5) Section 20A.03 (continuous trafficking of
persons);
(6) Section 21.02 (continuous sexual abuse of young
child or children);
(7) Section 21.11 (indecency with a child);
(8) Section 22.01(a)(1) (assault), if the offense:
(A) involved family violence as defined by
Section 71.004, Family Code; or
(B) is punishable as a felony of the second
degree under Subsection (b-2) of that section (assault of a peace
officer or judge);
(9) Section 22.011 (sexual assault);
(10) Section 22.02 (aggravated assault);
(11) Section 22.021 (aggravated sexual assault);
(12) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(13) Section 25.072 (repeated violation of certain
court orders or conditions of bond in family violence, child abuse
or neglect, sexual assault or abuse, indecent assault, stalking, or
trafficking case);
(14) Section 25.11 (continuous violence against the
family);
(15) Section 29.03 (aggravated robbery); or
(16) Section 38.14 (taking or attempting to take
weapon from peace officer, federal special investigator, employee
or official of correctional facility, parole officer, community
supervision and corrections department officer, or commissioned
security officer).
SECTION 5. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.1501 and 17.1502 to read as follows:
Art. 17.1501. CONTINUING EDUCATION. (a) A judge or
magistrate with the authority to set bail for defendants shall,
within one year after the date the judge or magistrate first assumes
office, successfully complete a four-hour course with respect to
the judge's or magistrate's duties under Article 15.17 and setting
bail in criminal cases.
(b) Each following year, a judge or magistrate described by
Subsection (a) shall successfully complete a two-hour course with
respect to the judge's or magistrate's duties under Article 15.17
and setting bail in criminal cases.
(c) The courses may be completed through a course in bail
bond law that is:
(1) approved by the State Bar of Texas; and
(2) offered:
(A) by a public or accredited private institution
of higher education in this state; or
(B) through a program approved by a court
education committee.
Art. 17.1502. BAIL SCHEDULE; HEARING. (a) The judges of
the courts trying criminal cases in a county may promulgate a
standing order setting out a schedule of suggested bail amounts for
any offense over which the courts have jurisdiction under Chapter
4.
(b) A standing order promulgated in accordance with this
article must require that the factors under Article 17.15 be
considered before a defendant's bail is set.
(c) A defendant who is unable to give bail in the amount
required by the schedule must be given an opportunity to file with
the applicable magistrate a sworn affidavit in substantially the
following form:
"On this ___ day of _____ , 20 ____, I have been advised by the
(name of the court) Court of the importance of providing true and
complete information about my financial situation in connection
with the charge pending against me. I am without means to pay
______ and I hereby request the court to set an appropriate bail.
(signature of defendant)."
(d) The Office of Court Administration of the Texas Judicial
System shall promulgate a form to be completed by a defendant filing
an affidavit under Subsection (c) to allow a magistrate to assess
information relevant to the defendant's financial situation. The
form must collect, at a minimum, the following information:
(1) any income received by the defendant and the
defendant's spouse in the preceding two years;
(2) the defendant's employment history and the
employment history of the defendant's spouse, including gross
monthly pay, for the preceding two years;
(3) any cash holdings available to the defendant or
the defendant's spouse and the financial institution in which the
cash is held;
(4) the defendant's major non-cash assets, including
real estate and motor vehicles;
(5) money owed to the defendant or to the defendant's
spouse;
(6) any dependents of the defendant or of the
defendant's spouse, and the dependents' ages;
(7) an itemized estimate of the defendant's monthly
expenses;
(8) an estimate of the defendant's tax and legal
expenses;
(9) any anticipated major changes in the defendant's
income or expenses; and
(10) any additional relevant information the
defendant is able to provide to explain the defendant's inability
to pay bail according to the schedule.
(e) A defendant who files an affidavit under Subsection (c)
is entitled to a hearing before the magistrate on the bail amount.
The hearing must be held not later than 48 hours after the affidavit
is filed. At the hearing, the magistrate shall require the
defendant to sign the form described by Subsection (d) in the
presence of the magistrate and under penalty of perjury. After the
form is signed, the magistrate shall consider the facts stated in
the form and the rules established by Article 17.15 and shall set
the defendant's bail. The magistrate shall issue oral or written
findings of fact supporting the bail decision.
SECTION 6. Article 17.20, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
misdemeanor, the sheriff or other peace officer, or a jailer
licensed under Chapter 1701, Occupations Code, may, whether during
the term of the court or in vacation, where the officer has a
defendant in custody, take of the defendant a bail bond.
(b) Before taking a bail bond under this article, the
sheriff, peace officer, or jailer shall obtain the defendant's
criminal history record information through the statewide
telecommunications system maintained by the Department of Public
Safety. If the defendant is charged with an offense involving
violence or has previously been convicted of an offense involving
violence, the sheriff, officer, or jailer may not set the amount of
the defendant's bail but may take of the defendant a bail bond in
the amount fixed by the court. For purposes of this subsection,
"offense involving violence" has the meaning assigned by Article
17.15(b).
SECTION 7. Article 17.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
if the court before which the case [same] is pending is not in
session in the county where the defendant is in custody, the sheriff
or other peace officer, or a jailer licensed under Chapter 1701,
Occupations Code, who has the defendant in custody may take the
defendant's bail bond in the [such] amount [as may have been] fixed
by the court or magistrate, or if no amount has been fixed, then in
any [such] amount as the [such] officer considers [may consider]
reasonable.
(b) Before taking a bail bond under this article, the
sheriff, peace officer, or jailer shall obtain the defendant's
criminal history record information through the statewide
telecommunications system maintained by the Department of Public
Safety. If the defendant is charged with an offense involving
violence or has previously been convicted of an offense involving
violence, the sheriff, officer, or jailer may not set the amount of
the defendant's bail but may take of the defendant a bail bond in
the amount fixed by the court. For purposes of this subsection,
"offense involving violence" has the meaning assigned by Article
17.15(b).
SECTION 8. Section 27.005, Government Code, is amended to
read as follows:
Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes
of removal under Chapter 87, Local Government Code, "incompetency"
in the case of a justice of the peace includes the failure of the
justice to successfully complete:
(1) within one year after the date the justice is first
elected:
(A) [,] an 80-hour course in the performance of
the justice's duties; and
(B) the course described by Article 17.1501(a),
Code of Criminal Procedure; and
(2) each following year:
(A) [,] a 20-hour course in the performance of
the justice's duties, including not less than 10 hours of
instruction regarding substantive, procedural, and evidentiary law
in civil matters; and
(B) the course described by Article 17.1501(b),
Code of Criminal Procedure.
(b) The courses described by Subsections (a)(1)(A) and
(a)(2)(A) may be completed in an accredited state-supported school
of higher education.
SECTION 9. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0351 to read as follows:
Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
As a component of the official monthly report submitted to the
Office of Court Administration of the Texas Judicial System under
Section 71.035, the clerk of each court setting bail in criminal
cases shall report:
(1) the number of defendants for whom bail was set,
including:
(A) the number for each category of offense; and
(B) the number of personal bonds;
(2) the number of defendants who posted bail;
(3) the number of defendants released on bail who
subsequently failed to appear or violated a condition of release;
and
(4) the number of defendants who committed an offense
while released on bail or community supervision.
(b) The Office of Court Administration of the Texas Judicial
System shall post the information in a publicly accessible place on
the agency's Internet website without disclosing any personal
information of any defendant, judge, or magistrate.
SECTION 10. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.036 to read as follows:
Sec. 72.036. BAIL FORM. (a) The office shall promulgate a
form to be completed each time a magistrate, judge, sheriff, peace
officer, or jailer sets a defendant's bail under Chapter 17, Code of
Criminal Procedure.
(b) The form must:
(1) state the requirements for setting bail under
Article 17.15, Code of Criminal Procedure;
(2) require the person setting bail to certify that
the person considered all of the information required under that
article; and
(3) be signed by the person setting the bail.
(c) The office shall publish each form submitted under
Article 17.0502, Code of Criminal Procedure, in a database that is
publicly accessible on the office's Internet website.
SECTION 11. Article 66.102(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Information in the computerized criminal history system
relating to an arrest must include:
(1) the offender's name;
(2) the offender's state identification number;
(3) the arresting law enforcement agency;
(4) the arrest charge, by offense code and incident
number;
(5) whether the arrest charge is a misdemeanor or
felony;
(6) the date of the arrest;
(7) for an offender released on bail, whether a
warrant was issued for any subsequent failure of the offender to
appear in court;
(8) the exact disposition of the case by a law
enforcement agency following the arrest; and
(9) [(8)] the date of disposition of the case by the
law enforcement agency.
SECTION 12. A judge or magistrate who is serving on the
effective date of this Act must complete the judge's or
magistrate's:
(1) initial training under Article 17.1501(a), Code of
Criminal Procedure, as added by this Act, not later than September
1, 2022; and
(2) first required course under Article 17.1501(b),
Code of Criminal Procedure, as added by this Act, not later than
September 1, 2023.
SECTION 13. The changes in law made by this Act apply 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 14. This Act takes effect September 1, 2021.