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A BILL TO BE ENTITLED
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AN ACT
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relating to rules for fixing the amount of bail, to the release of |
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certain defendants on a bail bond or personal bond, to related |
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duties of a magistrate in a criminal case, to the reporting of |
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information pertaining to bail bonds, and to the regulation of |
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charitable bail organizations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.03(b) and (b-1), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) Only the trial court with jurisdiction over [before |
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whom] the case [is pending] may release on personal bond a defendant |
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who: |
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(1) is charged with an offense under the following |
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sections of the Penal Code: |
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(A) Section 19.03 (Capital Murder); |
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(B) Section 20.04 (Aggravated Kidnapping); |
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(C) Section 22.021 (Aggravated Sexual Assault); |
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(D) [Section 22.03 (Deadly Assault on Law |
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Enforcement or Corrections Officer, Member or Employee of Board of |
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Pardons and Paroles, or Court Participant); |
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[(E)] Section 22.04 (Injury to a Child, Elderly |
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Individual, or Disabled Individual); |
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(E) [(F)] Section 29.03 (Aggravated Robbery); |
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(F) [(G)] Section 30.02 (Burglary); |
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(G) [(H)] Section 71.02 (Engaging in Organized |
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Criminal Activity); |
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(H) [(I)] Section 21.02 (Continuous Sexual Abuse |
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of Young Child or Children); or |
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(I) [(J)] Section 20A.03 (Continuous Trafficking |
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of Persons); |
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(2) is charged with a felony under Chapter 481, Health |
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and Safety Code, or Section 485.033, Health and Safety Code, |
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punishable by imprisonment for a minimum term or by a maximum fine |
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that is more than a minimum term or maximum fine for a first degree |
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felony; or |
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(3) does not submit to testing for the presence of a |
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controlled substance in the defendant's body as requested by the |
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court or magistrate under Subsection (c) of this article or submits |
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to testing and the test shows evidence of the presence of a |
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controlled substance in the defendant's body. |
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(b-1) A defendant is not eligible to be released [magistrate |
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may not release] on personal bond if the [a] defendant: |
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(1) [who,] at the time of the commission of the charged |
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offense, is civilly committed as a sexually violent predator under |
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Chapter 841, Health and Safety Code; |
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(2) has, in the preceding two years, failed to appear |
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after being released on personal bond or has had a bond found to be |
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insufficient; |
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(3) is charged with committing any offense while |
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released on bail for another offense; |
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(4) was convicted of any felony offense in the |
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preceding three years or any Class A or Class B misdemeanor offense |
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in the preceding year; |
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(5) is currently charged with multiple offenses, |
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regardless of whether the offenses are pending before the same |
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court; |
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(6) is charged with any offense under Title 5, Penal |
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Code, in which there is an identifiable victim; |
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(7) is charged with an offense that involves |
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possession of four or more grams of a controlled substance; |
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(8) is charged with, or in the preceding five years was |
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charged with, an offense under Section 38.06, Penal Code; |
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(9) has been convicted of an offense under Section |
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22.011 or 22.021, Penal Code; or |
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(10) is charged with any offense involving the use of a |
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deadly weapon as defined by Section 1.07, Penal Code. |
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SECTION 2. Article 17.15, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. (a) The |
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amount of bail to be required in any case is to be regulated by the |
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court, judge, magistrate or officer taking the bail; they are to be |
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governed in the exercise of this discretion by the Constitution and |
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by the following rules: |
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1. The bail shall be sufficiently high to give reasonable |
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assurance that the undertaking will be complied with. |
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2. The power to require bail is not to be so used as to make |
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it an instrument of oppression. |
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3. The nature of the offense and the circumstances under |
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which it was committed are to be considered. |
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4. The ability to make bail is to be regarded, and proof may |
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be taken upon this point. |
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5. The future safety of a victim of the alleged offense and |
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the community shall be considered. |
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6. The criminal history and immigration status of the |
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defendant, including any prior offenses committed against a public |
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servant or involving family violence, shall be considered. |
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(b) In this article, "family violence" has the meaning |
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assigned by Section 71.004, Family Code. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.1501 to read as follows: |
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Art. 17.1501. BAIL SCHEDULE; HEARING. (a) The judges of |
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the courts trying criminal cases in a county may promulgate a |
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standing order setting out a schedule of suggested bail amounts for |
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any offense over which the courts have jurisdiction under Chapter |
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4. |
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(b) A defendant who is unable to give bail in the amount |
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required by the schedule may file with the applicable magistrate a |
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sworn affidavit declaring the maximum amount that the defendant |
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would be able to pay or provide as security within 48 hours of |
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arrest for purposes of obtaining a bail bond. The affidavit must |
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set out sufficient facts to clearly establish that amount, given |
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the totality of the defendant's circumstances. |
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(c) A defendant who files an affidavit under Subsection (b) |
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is entitled to a hearing before the magistrate on the bail amount. |
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The hearing must be held not later than 48 hours after the charges |
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were filed against the defendant or 48 hours after the defendant was |
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arrested, whichever is later. At the hearing, the magistrate shall |
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consider the facts stated in the affidavit and the rules |
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established by Article 17.15 and set the defendant's bail. The |
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magistrate shall issue oral or written findings of fact supporting |
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the decision. |
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(d) A defendant who has not given bail before the fourth |
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business day after the date bail is set under this article shall be |
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taken before the court before whom the case is pending for a hearing |
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to reconsider the bail amount. At a hearing under this subsection, |
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the court may adjust the bail, keep the bail as previously set, or |
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impose any additional conditions of release on bond the court |
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considers necessary. |
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(e) This article may not be interpreted as creating a right |
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to release on bail in this state that does not exist under the |
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constitution of this state. |
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SECTION 4. Section 27.005, Government Code, is amended to |
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read as follows: |
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Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes |
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of removal under Chapter 87, Local Government Code, "incompetency" |
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in the case of a justice of the peace includes the failure of the |
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justice to successfully complete: |
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(1) within one year after the date the justice is first |
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elected, an 80-hour course in the performance of the justice's |
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duties, including not less than four hours of instruction regarding |
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the justice's duties: |
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(A) under Article 15.17, Code of Criminal |
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Procedure; and |
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(B) with respect to setting bail in criminal |
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cases; and |
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(2) each following year, a 20-hour course in the |
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performance of the justice's duties, including not less than: |
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(A) two hours of instruction regarding the |
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justice's duties: |
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(i) under Article 15.17, Code of Criminal |
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Procedure; and |
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(ii) with respect to setting bail in |
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criminal cases; and |
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(B) 10 hours of instruction regarding |
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substantive, procedural, and evidentiary law in civil matters. |
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(b) The courses must [may] be completed: |
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(1) in an accredited state-supported school of higher |
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education; or |
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(2) through a course in bail bond law that is: |
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(A) approved by the State Bar of Texas; and |
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(B) offered by a public or accredited private |
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institution of higher education in this state. |
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SECTION 5. Subchapter C, Chapter 71, Government Code, is |
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amended by adding Section 71.0354 to read as follows: |
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Sec. 71.0354. BAIL & PRETRIAL RELEASE INFORMATION. (a) As a |
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component of the official monthly report submitted to the Office of |
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Court Administration of the Texas Judicial System, the clerk of |
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each court at law shall report: |
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(1) the number of bail bonds given for each level of |
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offense; |
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(2) the number and type of bail bonds given; |
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(3) the number of defendants that posted bail; |
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(4) the number of defendants released on bail who |
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failed to reappear; and |
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(5) the number of defendants released on bail who |
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committed new offenses. |
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(b) The Office of Court Administration of the Texas Judicial |
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System shall post the information in a publicly accessible place on |
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the agency's website without disclosing any personal information of |
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any defendants, judges, or magistrates. |
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SECTION 6. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.071 to read as follows: |
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Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this |
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article, "charitable bail organization" means a person who solicits |
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donations from the public for the purpose of depositing money with a |
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court in the amount of a defendant's bail bond. |
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(b) This article does not apply to a charitable bail |
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organization that pays a bail bond for not more than one defendant |
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in any 180-day period. |
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(c) A charitable bail organization shall file in the office |
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of the county clerk of each county where the organization intends to |
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pay bail bonds an affidavit designating the individuals authorized |
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to pay bonds on behalf of the organization. |
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(d) A charitable bail organization may only pay bail bonds |
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for indigent defendants charged with misdemeanors. The |
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organization may not pay more than a total amount of $2,000 for each |
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defendant, regardless of the number of misdemeanor charges pending |
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against the defendant. |
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(e) Not later than the 10th day of each month, a charitable |
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bail organization shall submit, to the sheriff of each county in |
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which the organization files an affidavit under Subsection (c), a |
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report that includes the following information for each defendant |
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for whom the organization paid a bail bond in the preceding calendar |
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month: |
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(1) the name of the defendant; |
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(2) the cause number of the case; |
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(3) the county in which the applicable charge is |
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pending, if different from the county in which the bond was paid; |
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and |
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(4) any dates on which the defendant has failed to |
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appear in court as required for the charge for which the bond was |
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paid. |
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(f) Not later than January 10 and June 10 of each year, a |
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charitable bail organization shall submit, to the sheriff of each |
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county in which the organization files an affidavit under |
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Subsection (c), a report that includes the following information |
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for each donation of $100 or more received after the organization's |
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most recent report under this subsection: |
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(1) the name, address, and telephone number of the |
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donor; and |
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(2) the amount donated. |
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(g) A charitable bail organization's initial report |
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submitted under Subsection (f) must include the information |
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required by that subsection for donations received by the |
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organization in the preceding two years. |
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(h) A charitable bail organization shall maintain records |
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of all donations received and bail bonds paid by the organization |
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until the fifth anniversary of the date the donation was received or |
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bond was paid. The sheriff or county clerk may audit the records. |
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(i) A charitable bail organization may not pay a bail bond |
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for a defendant at any time the organization is considered to be out |
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of compliance with the reporting requirements of this article. |
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(j) A sheriff may suspend a charitable bail organization |
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from paying bail bonds in the sheriff's county for one year if the |
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sheriff determines the organization has paid bonds in violation of |
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this article. |
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(k) Chapter 22 applies to a bail bond paid by a charitable |
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bail organization. |
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(l) A charitable bail organization shall maintain an office |
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in each county in which the organization files an affidavit under |
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Subsection (c). |
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(m) A charitable bail organization may not accept a premium |
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or compensation for paying a bail bond for a defendant. |
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SECTION 7. (a) Section 27.005(a)(1), Government Code, as |
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amended by this Act, applies only to a justice of the peace who is |
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first elected or appointed on or after the effective date of this |
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Act. A justice of the peace who is first elected or appointed |
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before the effective date of this Act is governed by the law in |
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effect on the date the justice was first elected or appointed, and |
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the former law is continued in effect for that purpose. |
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(b) A justice of the peace serving on the effective date of |
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this Act must complete the justice's initial two hours of |
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instruction required by Section 27.005(a)(2)(A), Government Code, |
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as added by this Act, not later than September 1, 2022. |
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(c) The changes in law made by this Act apply only to a |
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person who is arrested on or after the effective date of this Act. A |
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person arrested before the effective date of this Act is governed by |
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the law in effect on the date the person was arrested, and the |
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former law is continued in effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2021. |