Bill Text: TX SB6 | 2021 | 87th Legislature 2nd Special Session | Enrolled
Bill Title: Relating to rules for setting the amount of bail, to the release of certain defendants on a monetary 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: Broadly Bipartisan Bill
Status: (Passed) 2021-09-17 - See remarks for effective date [SB6 Detail]
Download: Texas-2021-SB6-Enrolled.html
| S.B. No. 6 | ||
|
|
||
| relating to rules for setting the amount of bail, to the release of | ||
| certain defendants on a monetary 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. This Act may be cited as the Damon Allen Act. | ||
| SECTION 2. Article 1.07, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 1.07. RIGHT TO BAIL. Any person [ |
||
| be eligible for bail [ |
||
| permitted by the Texas Constitution or by other law [ |
||
| be [ |
||
| examination of the evidence, in such manner as may be prescribed by | ||
| law. | ||
| SECTION 3. Article 15.17(a), Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| (a) In each case enumerated in this Code, the person making | ||
| the arrest or the person having custody of the person arrested shall | ||
| without unnecessary delay, but not later than 48 hours after the | ||
| person is arrested, take the person arrested or have him taken | ||
| before some magistrate of the county where the accused was arrested | ||
| or, to provide more expeditiously to the person arrested the | ||
| warnings described by this article, before a magistrate in any | ||
| other county of this state. The arrested person may be taken before | ||
| the magistrate in person or the image of the arrested person may be | ||
| presented to the magistrate by means of a videoconference. The | ||
| magistrate shall inform in clear language the person arrested, | ||
| either in person or through a videoconference, of the accusation | ||
| against him and of any affidavit filed therewith, of his right to | ||
| retain counsel, of his right to remain silent, of his right to have | ||
| an attorney present during any interview with peace officers or | ||
| attorneys representing the state, of his right to terminate the | ||
| interview at any time, and of his right to have an examining trial. | ||
| The magistrate shall also inform the person arrested of the | ||
| person's right to request the appointment of counsel if the person | ||
| cannot afford counsel. The magistrate shall inform the person | ||
| arrested of the procedures for requesting appointment of counsel. | ||
| If applicable, the magistrate shall inform the person that the | ||
| person may file the affidavit described by Article 17.028(f). If | ||
| the person does not speak and understand the English language or is | ||
| deaf, the magistrate shall inform the person in a manner consistent | ||
| with Articles 38.30 and 38.31, as appropriate. The magistrate | ||
| shall ensure that reasonable assistance in completing the necessary | ||
| forms for requesting appointment of counsel is provided to the | ||
| person at the same time. If the person arrested is indigent and | ||
| requests appointment of counsel and if the magistrate is authorized | ||
| under Article 26.04 to appoint counsel for indigent defendants in | ||
| the county, the magistrate shall appoint counsel in accordance with | ||
| Article 1.051. If the magistrate is not authorized to appoint | ||
| counsel, the magistrate shall without unnecessary delay, but not | ||
| later than 24 hours after the person arrested requests appointment | ||
| of counsel, transmit, or cause to be transmitted to the court or to | ||
| the courts' designee authorized under Article 26.04 to appoint | ||
| counsel in the county, the forms requesting the appointment of | ||
| counsel. The magistrate shall also inform the person arrested that | ||
| he is not required to make a statement and that any statement made | ||
| by him may be used against him. The magistrate shall allow the | ||
| person arrested reasonable time and opportunity to consult counsel | ||
| and shall, after determining whether the person is currently on | ||
| bail for a separate criminal offense and whether the bail decision | ||
| is subject to Article 17.027, admit the person arrested to bail if | ||
| allowed by law. A record of the communication between the arrested | ||
| person and the magistrate shall be made. The record shall be | ||
| preserved until the earlier of the following dates: (1) the date on | ||
| which the pretrial hearing ends; or (2) the 91st day after the date | ||
| on which the record is made if the person is charged with a | ||
| misdemeanor or the 120th day after the date on which the record is | ||
| made if the person is charged with a felony. For purposes of this | ||
| subsection, "videoconference" means a two-way electronic | ||
| communication of image and sound between the arrested person and | ||
| the magistrate and includes secure Internet videoconferencing. | ||
| SECTION 4. Article 17.02, Code of Criminal Procedure, is | ||
| amended to read as follows: | ||
| Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a | ||
| written undertaking entered into by the defendant and the | ||
| defendant's sureties for the appearance of the principal therein | ||
| before a court or magistrate to answer a criminal accusation; | ||
| provided, however, that the defendant on execution of the bail bond | ||
| may deposit with the custodian of funds of the court in which the | ||
| prosecution is pending current money of the United States in the | ||
| amount of the bond in lieu of having sureties signing the same. Any | ||
| cash funds deposited under this article shall be receipted for by | ||
| the officer receiving the funds and, on order of the court, be | ||
| refunded in the amount shown on the face of the receipt less the | ||
| administrative fee authorized by Section 117.055, Local Government | ||
| Code, if applicable, after the defendant complies with the | ||
| conditions of the defendant's bond, to: | ||
| (1) any person in the name of whom a receipt was | ||
| issued, including the defendant if a receipt was issued to the | ||
| defendant; or | ||
| (2) the defendant, if no other person is able to | ||
| produce a receipt for the funds. | ||
| SECTION 5. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027, | ||
| and 17.028 to read as follows: | ||
| Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office | ||
| of Court Administration of the Texas Judicial System shall develop | ||
| and maintain a public safety report system that is available for use | ||
| for purposes of Article 17.15. | ||
| (b) The public safety report system must: | ||
| (1) state the requirements for setting bail under | ||
| Article 17.15 and list each factor provided by Article 17.15(a); | ||
| (2) provide the defendant's name and date of birth or, | ||
| if impracticable, other identifying information, the cause number | ||
| of the case, if available, and the offense for which the defendant | ||
| was arrested; | ||
| (3) provide information on the eligibility of the | ||
| defendant for a personal bond; | ||
| (4) provide information regarding the applicability | ||
| of any required or discretionary bond conditions; | ||
| (5) provide, in summary form, the criminal history of | ||
| the defendant, including information regarding any: | ||
| (A) previous misdemeanor or felony convictions; | ||
| (B) pending charges; | ||
| (C) previous sentences imposing a term of | ||
| confinement; | ||
| (D) previous convictions or pending charges for: | ||
| (i) offenses that are offenses involving | ||
| violence as defined by Article 17.03; or | ||
| (ii) offenses involving violence directed | ||
| against a peace officer; and | ||
| (E) previous failures of the defendant to appear | ||
| in court following release on bail; and | ||
| (6) be designed to collect and maintain the | ||
| information provided on a bail form submitted under Section 72.038, | ||
| Government Code. | ||
| (c) The office shall provide access to the public safety | ||
| report system to the appropriate officials in each county and each | ||
| municipality at no cost. This subsection may not be construed to | ||
| require the office to provide an official or magistrate with any | ||
| equipment or support related to accessing or using the public | ||
| safety report system. | ||
| (d) The public safety report system may not: | ||
| (1) be the only item relied on by a judge or magistrate | ||
| in making a bail decision; | ||
| (2) include a score, rating, or assessment of a | ||
| defendant's risk or make any recommendation regarding the | ||
| appropriate bail for the defendant; or | ||
| (3) include any information other than the information | ||
| listed in Subsection (b). | ||
| (e) The office shall use the information maintained under | ||
| Subsection (b)(6) to collect data from the preceding state fiscal | ||
| year regarding the number of defendants for whom bail was set after | ||
| arrest, including: | ||
| (1) the number for each category of offense; | ||
| (2) the number of personal bonds; and | ||
| (3) the number of monetary bonds. | ||
| (f) Not later than December 1 of each year, the office shall | ||
| submit a report containing the data described by Subsection (e) to | ||
| the governor, lieutenant governor, speaker of the house of | ||
| representatives, and presiding officers of the standing committees | ||
| of each house of the legislature with primary jurisdiction over the | ||
| judiciary. | ||
| (g) The Department of Public Safety shall assist the office | ||
| in implementing the public safety report system established under | ||
| this article and shall provide criminal history record information | ||
| to the office in the electronic form necessary for the office to | ||
| implement this article. | ||
| (h) Any contract for goods or services between the office | ||
| and a vendor that may be necessary or appropriate to develop the | ||
| public safety report system is exempt from the requirements of | ||
| Subtitle D, Title 10, Government Code. This subsection expires | ||
| September 1, 2022. | ||
| Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate | ||
| considering the release on bail of a defendant charged with an | ||
| offense punishable as a Class B misdemeanor or any higher category | ||
| of offense shall order that: | ||
| (1) the personal bond office established under Article | ||
| 17.42 for the county in which the defendant is being detained, if a | ||
| personal bond office has been established for that county, or other | ||
| suitably trained person including judicial personnel or sheriff's | ||
| department personnel, use the public safety report system developed | ||
| under Article 17.021 to prepare a public safety report with respect | ||
| to the defendant; and | ||
| (2) the public safety report prepared under | ||
| Subdivision (1) be provided to the magistrate as soon as | ||
| practicable but not later than 48 hours after the defendant's | ||
| arrest. | ||
| (b) A magistrate may not, without the consent of the | ||
| sheriff, order a sheriff or sheriff's department personnel to | ||
| prepare a public safety report under this article. | ||
| (c) Notwithstanding Subsection (a), a magistrate may | ||
| personally prepare a public safety report, before or while making a | ||
| bail decision, using the public safety report system developed | ||
| under Article 17.021. | ||
| (d) The magistrate shall: | ||
| (1) consider the public safety report before setting | ||
| bail; and | ||
| (2) promptly but not later than 72 hours after the time | ||
| bail is set, submit the bail form described by Section 72.038, | ||
| Government Code, in accordance with that section. | ||
| (e) In the manner described by this article, a magistrate | ||
| may, but is not required to, order, prepare, or consider a public | ||
| safety report in setting bail for a defendant charged only with a | ||
| misdemeanor punishable by fine only or a defendant who receives a | ||
| citation under Article 14.06(c). If ordered, the report shall be | ||
| prepared for the time and place for an appearance as indicated in | ||
| the citation. | ||
| (f) A magistrate may set bail for a defendant charged only | ||
| with an offense punishable as a misdemeanor without ordering, | ||
| preparing, or considering a public safety report if the public | ||
| safety report system is unavailable for longer than 12 hours due to | ||
| a technical failure at the Office of Court Administration of the | ||
| Texas Judicial System. | ||
| Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. | ||
| (a) This article applies only to a defendant charged with an | ||
| offense that is: | ||
| (1) punishable as a felony; or | ||
| (2) a misdemeanor punishable by confinement. | ||
| (b) Notwithstanding any other law, a defendant to whom this | ||
| article applies may be released on bail only by a magistrate who is: | ||
| (1) any of the following: | ||
| (A) a resident of this state; | ||
| (B) a justice of the peace serving under Section | ||
| 27.054 or 27.055, Government Code; or | ||
| (C) a judge or justice serving under Chapter 74, | ||
| Government Code; and | ||
| (2) in compliance with the training requirements of | ||
| Article 17.024. | ||
| (c) A magistrate is not eligible to release on bail a | ||
| defendant described by Subsection (a) if the magistrate: | ||
| (1) has been removed from office by impeachment, by | ||
| the supreme court, by the governor on address to the legislature, by | ||
| a tribunal reviewing a recommendation of the State Commission on | ||
| Judicial Conduct, or by the legislature's abolition of the | ||
| magistrate's court; or | ||
| (2) has resigned from office after having received | ||
| notice that formal proceedings by the State Commission on Judicial | ||
| Conduct have been instituted as provided by Section 33.022, | ||
| Government Code, and before final disposition of the proceedings. | ||
| Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The | ||
| Office of Court Administration of the Texas Judicial System shall, | ||
| in consultation with the court of criminal appeals, develop or | ||
| approve training courses regarding a magistrate's duties, | ||
| including duties with respect to setting bail in criminal cases. | ||
| The courses developed must include: | ||
| (1) an eight-hour initial training course that | ||
| includes the content of the applicable training course described by | ||
| Article 17.0501; and | ||
| (2) a two-hour continuing education course. | ||
| (b) The office shall provide for a method of certifying that | ||
| a magistrate has successfully completed a training course required | ||
| under this article and has demonstrated competency of the course | ||
| content in a manner acceptable to the office. | ||
| (c) A magistrate is in compliance with the training | ||
| requirements of this article if: | ||
| (1) not later than the 90th day after the date the | ||
| magistrate takes office, the magistrate successfully completes the | ||
| course described by Subsection (a)(1); | ||
| (2) the magistrate successfully completes the course | ||
| described by Subsection (a)(2) in each subsequent state fiscal | ||
| biennium in which the magistrate serves; and | ||
| (3) the magistrate demonstrates competency as | ||
| provided by Subsection (b). | ||
| (c-1) Notwithstanding Subsection (c), a magistrate who is | ||
| serving on April 1, 2022, is considered to be in compliance with | ||
| Subsection (c)(1) if the magistrate successfully completes the | ||
| training course not later than December 1, 2022. This subsection | ||
| expires May 1, 2023. | ||
| (d) Any course developed or approved by the office under | ||
| this article may be administered by the Texas Justice Court | ||
| Training Center, the Texas Municipal Courts Education Center, the | ||
| Texas Association of Counties, the Texas Center for the Judiciary, | ||
| or a similar entity. | ||
| Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH | ||
| FELONY OFFENSE COMMITTED WHILE ON BAIL. (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 promptly given to the court | ||
| specified by Subdivision (1) for purposes of reevaluating the bail | ||
| decision, determining whether any bail conditions were violated, or | ||
| taking any other applicable action. | ||
| (b) This article may not be construed to extend any deadline | ||
| provided by Article 15.17. | ||
| Art. 17.028. BAIL DECISION. (a) Without unnecessary delay | ||
| but not later than 48 hours after a defendant is arrested, a | ||
| magistrate shall order, after individualized consideration of all | ||
| circumstances and of the factors required by Article 17.15(a), that | ||
| the defendant be: | ||
| (1) granted personal bond with or without conditions; | ||
| (2) granted surety or cash bond with or without | ||
| conditions; or | ||
| (3) denied bail in accordance with the Texas | ||
| Constitution and other law. | ||
| (b) In setting bail under this article, the magistrate shall | ||
| impose the least restrictive conditions, if any, and the personal | ||
| bond or cash or surety bond necessary to reasonably ensure the | ||
| defendant's appearance in court as required and the safety of the | ||
| community, law enforcement, and the victim of the alleged offense. | ||
| (c) In each criminal case, unless specifically provided by | ||
| other law, there is a rebuttable presumption that bail, conditions | ||
| of release, or both bail and conditions of release are sufficient to | ||
| reasonably ensure the defendant's appearance in court as required | ||
| and the safety of the community, law enforcement, and the victim of | ||
| the alleged offense. | ||
| (c-1) Subsections (b) and (c) may not be construed as | ||
| requiring the court to hold an evidentiary hearing that is not | ||
| required by other law. | ||
| (d) A judge may not adopt a bail schedule or enter a standing | ||
| order related to bail that: | ||
| (1) is inconsistent with this article; or | ||
| (2) authorizes a magistrate to make a bail decision | ||
| for a defendant without considering each of the factors in Article | ||
| 17.15(a). | ||
| (e) A defendant who is denied bail or who is unable to give | ||
| bail in the amount required by any bail schedule or standing order | ||
| related to bail shall be provided with the warnings described by | ||
| Article 15.17. | ||
| (f) A defendant who is charged with an offense punishable as | ||
| a Class B misdemeanor or any higher category of offense and who is | ||
| unable to give bail in the amount required by a schedule or order | ||
| described by Subsection (e), other than a defendant who is denied | ||
| bail, shall be provided with the opportunity to file with the | ||
| applicable magistrate a sworn affidavit in substantially the | ||
| following form: | ||
| "On this ___ day of _____, 2____, I have been advised by | ||
| ________ (name of the court or magistrate, as applicable) 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 that an | ||
| appropriate bail be set. (signature of defendant)." | ||
| (g) A defendant filing an affidavit under Subsection (f) | ||
| shall complete a form to allow a magistrate to assess information | ||
| relevant to the defendant's financial situation. The form must be | ||
| the form used to request appointment of counsel under Article 26.04 | ||
| or a form promulgated by the Office of Court Administration of the | ||
| Texas Judicial System that collects, at a minimum and to the best of | ||
| the defendant's knowledge, the information a court may consider | ||
| under Article 26.04(m). | ||
| (g-1) The magistrate making the bail decision under | ||
| Subsection (a) shall, if applicable: | ||
| (1) inform the defendant of the defendant's right to | ||
| file an affidavit under Subsection (f); and | ||
| (2) ensure that the defendant receives reasonable | ||
| assistance in completing the affidavit described by Subsection (f) | ||
| and the form described by Subsection (g). | ||
| (h) A defendant described by Subsection (f) may file an | ||
| affidavit under Subsection (f) at any time before or during the bail | ||
| proceeding under Subsection (a). A defendant who files an | ||
| affidavit under Subsection (f) is entitled to a prompt review by the | ||
| magistrate on the bail amount. The review may be conducted by the | ||
| magistrate making the bail decision under Subsection (a) or may | ||
| occur as a separate pretrial proceeding. The magistrate shall | ||
| consider the facts presented and the rules established by Article | ||
| 17.15(a) and shall set the defendant's bail. If the magistrate does | ||
| not set the defendant's bail in an amount below the amount required | ||
| by the schedule or order described by Subsection (e), the | ||
| magistrate shall issue written findings of fact supporting the bail | ||
| decision. | ||
| (i) The judges of the courts trying criminal cases and other | ||
| magistrates in a county must report to the Office of Court | ||
| Administration of the Texas Judicial System each defendant for whom | ||
| a review under Subsection (h) was not held within 48 hours of the | ||
| defendant's arrest. If a delay occurs that will cause the review | ||
| under Subsection (h) to be held later than 48 hours after the | ||
| defendant's arrest, the magistrate or an employee of the court or of | ||
| the county in which the defendant is confined must provide notice of | ||
| the delay to the defendant's counsel or to the defendant, if the | ||
| defendant does not have counsel. | ||
| (j) The magistrate may enter an order or take other action | ||
| authorized by Article 16.22 with respect to a defendant who does not | ||
| appear capable of executing an affidavit under Subsection (f). | ||
| (k) This article may not be construed to require the filing | ||
| of an affidavit before a magistrate considers the defendant's | ||
| ability to make bail under Article 17.15. | ||
| (l) A written or oral statement obtained under this article | ||
| or evidence derived from the statement may be used only to determine | ||
| whether the defendant is indigent, to impeach the direct testimony | ||
| of the defendant, or to prosecute the defendant for an offense under | ||
| Chapter 37, Penal Code. | ||
| (m) Notwithstanding Subsection (a), a magistrate may make a | ||
| bail decision regarding a defendant who is charged only with a | ||
| misdemeanor punishable by fine only or a defendant who receives a | ||
| citation under Article 14.06(c) without considering the factor | ||
| required by Article 17.15(a)(6). | ||
| SECTION 6. (a) Article 17.03, Code of Criminal Procedure, | ||
| as effective September 1, 2021, is amended by amending Subsection | ||
| (b) and adding Subsections (b-2) and (b-3) to read as follows: | ||
| (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) [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| (B) [ |
||
| Criminal Activity); | ||
| [ |
||
| [ |
||
| (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) 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 an offense involving violence; 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). | ||
| (b-3) In this article: | ||
| (1) "Controlled substance" has the meaning assigned by | ||
| Section 481.002, Health and Safety Code. | ||
| (2) "Offense involving violence" means an offense | ||
| under the following provisions of the Penal Code: | ||
| (A) Section 19.02 (murder); | ||
| (B) Section 19.03 (capital murder); | ||
| (C) Section 20.03 (kidnapping); | ||
| (D) Section 20.04 (aggravated kidnapping); | ||
| (E) Section 20A.02 (trafficking of persons); | ||
| (F) Section 20A.03 (continuous trafficking of | ||
| persons); | ||
| (G) Section 21.02 (continuous sexual abuse of | ||
| young child or disabled individual); | ||
| (H) Section 21.11 (indecency with a child); | ||
| (I) Section 22.01(a)(1) (assault), if the | ||
| offense is: | ||
| (i) punishable as a felony of the second | ||
| degree under Subsection (b-2) of that section; or | ||
| (ii) punishable as a felony and involved | ||
| family violence as defined by Section 71.004, Family Code; | ||
| (J) Section 22.011 (sexual assault); | ||
| (K) Section 22.02 (aggravated assault); | ||
| (L) Section 22.021 (aggravated sexual assault); | ||
| (M) Section 22.04 (injury to a child, elderly | ||
| individual, or disabled individual); | ||
| (N) 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); | ||
| (O) Section 25.11 (continuous violence against | ||
| the family); | ||
| (P) Section 29.03 (aggravated robbery); | ||
| (Q) 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); | ||
| (R) Section 43.04 (aggravated promotion of | ||
| prostitution), if the defendant is not alleged to have engaged in | ||
| conduct constituting an offense under Section 43.02(a); | ||
| (S) Section 43.05 (compelling prostitution); or | ||
| (T) Section 43.25 (sexual performance by a | ||
| child). | ||
| (b) This section takes effect on the 91st day after the last | ||
| day of the legislative session if this Act does not receive a vote | ||
| of two-thirds of all the members elected to each house, as provided | ||
| by Section 39, Article III, Texas Constitution. If this Act | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution, | ||
| this section has no effect. | ||
| SECTION 7. (a) Article 17.03, Code of Criminal Procedure, | ||
| is amended by amending Subsection (b) and adding Subsections (b-2) | ||
| and (b-3) to read as follows: | ||
| (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) [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| [ |
||
| (B) [ |
||
| Criminal Activity); | ||
| [ |
||
| [ |
||
| (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) 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 an offense involving violence; 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). | ||
| (b-3) In this article: | ||
| (1) "Controlled substance" has the meaning assigned by | ||
| Section 481.002, Health and Safety Code. | ||
| (2) "Offense involving violence" means an offense | ||
| under the following provisions of the Penal Code: | ||
| (A) Section 19.02 (murder); | ||
| (B) Section 19.03 (capital murder); | ||
| (C) Section 20.03 (kidnapping); | ||
| (D) Section 20.04 (aggravated kidnapping); | ||
| (E) Section 20A.02 (trafficking of persons); | ||
| (F) Section 20A.03 (continuous trafficking of | ||
| persons); | ||
| (G) Section 21.02 (continuous sexual abuse of | ||
| young child or children); | ||
| (H) Section 21.11 (indecency with a child); | ||
| (I) Section 22.01(a)(1) (assault), if the | ||
| offense is: | ||
| (i) punishable as a felony of the second | ||
| degree under Subsection (b-2) of that section; or | ||
| (ii) punishable as a felony and involved | ||
| family violence as defined by Section 71.004, Family Code; | ||
| (J) Section 22.011 (sexual assault); | ||
| (K) Section 22.02 (aggravated assault); | ||
| (L) Section 22.021 (aggravated sexual assault); | ||
| (M) Section 22.04 (injury to a child, elderly | ||
| individual, or disabled individual); | ||
| (N) 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); | ||
| (O) Section 25.11 (continuous violence against | ||
| the family); | ||
| (P) Section 29.03 (aggravated robbery); | ||
| (Q) 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); | ||
| (R) Section 43.04 (aggravated promotion of | ||
| prostitution); | ||
| (S) Section 43.05 (compelling prostitution); or | ||
| (T) Section 43.25 (sexual performance by a | ||
| child). | ||
| (b) This section takes effect immediately if this Act | ||
| receives a vote of two-thirds of all the members elected to each | ||
| house, as provided by Section 39, Article III, Texas Constitution. | ||
| If this Act does not receive a vote of two-thirds of all the members | ||
| elected to each house, as provided by Section 39, Article III, Texas | ||
| Constitution, this section has no effect. | ||
| SECTION 8. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.0501 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. | ||
| SECTION 9. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.071 to read as follows: | ||
| Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this | ||
| article, "charitable bail organization" means a person who accepts | ||
| and uses donations from the public to deposit money with a court in | ||
| the amount of a defendant's bail bond. The term does not include: | ||
| (1) a person accepting 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 a religious | ||
| purpose. | ||
| (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 person may not act as a charitable bail organization | ||
| for the purpose of paying a defendant's bail bond in a county unless | ||
| the person: | ||
| (1) is a nonprofit organization exempt from federal | ||
| income taxation under Section 501(a), Internal Revenue Code of | ||
| 1986, as an organization described by Section 501(c)(3) of that | ||
| code; and | ||
| (2) has been issued a certificate under Subsection (d) | ||
| with respect to that county. | ||
| (d) A county clerk shall issue to a charitable bail | ||
| organization a certificate authorizing the organization to pay bail | ||
| bonds in the county if the clerk determines the organization is: | ||
| (1) a nonprofit organization described by Subsection | ||
| (c)(1); and | ||
| (2) current on all filings required by the Internal | ||
| Revenue Code. | ||
| (e) 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. | ||
| (f) 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 (e), 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-1) A sheriff who receives a report under Subsection (f) | ||
| shall provide a copy of the report to the Office of Court | ||
| Administration of the Texas Judicial System. | ||
| (g) 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. | ||
| (h) The sheriff of a county may suspend a charitable bail | ||
| organization from paying bail bonds in the county for a period not | ||
| to exceed one year if the sheriff determines the organization has | ||
| paid one or more bonds in violation of this article and the | ||
| organization has received a warning from the sheriff in the | ||
| preceding 12-month period for another payment of bond made in | ||
| violation of this article. The sheriff shall report the suspension | ||
| to the Office of Court Administration of the Texas Judicial System. | ||
| (i) Chapter 22 applies to a bail bond paid by a charitable | ||
| bail organization. | ||
| (j) A charitable bail organization may not accept a premium | ||
| or compensation for paying a bail bond for a defendant. | ||
| (k) Not later than December 1 of each year, the Office of | ||
| Court Administration of the Texas Judicial System shall prepare and | ||
| submit, to the governor, lieutenant governor, speaker of the house | ||
| of representatives, and presiding officers of the standing | ||
| committees of each house of the legislature with primary | ||
| jurisdiction over the judiciary, a report regarding the information | ||
| submitted to the office under Subsections (f-1) and (h) for the | ||
| preceding state fiscal year. | ||
| SECTION 10. (a) Article 17.15, Code of Criminal Procedure, | ||
| is amended to read as follows: | ||
| Art. 17.15. RULES FOR SETTING [ |
||
| (a) The amount of bail and any conditions of bail to be required in | ||
| any case in which the defendant has been arrested are [ |
||
| regulated by the court, judge, magistrate, or officer taking the | ||
| bail in accordance with Articles 17.20, 17.21, and 17.22 and[ |
||
| the Constitution and [ |
||
| 1. Bail and any conditions of bail [ |
||
| sufficient [ |
||
| the undertaking will be complied with. | ||
| 2. The power to require bail is not to be [ |
||
| [ |
||
| 3. The nature of the offense and the circumstances | ||
| under which the offense [ |
||
| including whether the offense: | ||
| (A) is an offense involving violence as defined | ||
| by Article 17.03; or | ||
| (B) involves violence directed against a peace | ||
| officer. | ||
| 4. The ability to make bail shall [ |
||
| [ |
||
| 5. The future safety of a victim of the alleged | ||
| offense, law enforcement, and the community shall be considered. | ||
| 6. The criminal history record information for the | ||
| defendant, including information obtained through the statewide | ||
| telecommunications system maintained by the Department of Public | ||
| Safety and through the public safety report system developed under | ||
| Article 17.021, shall be considered, including any acts of family | ||
| violence, other pending criminal charges, and any instances in | ||
| which the defendant failed to appear in court following release on | ||
| bail. | ||
| 7. The citizenship status of the defendant shall be | ||
| considered. | ||
| (a-1) Notwithstanding any other law, the duties imposed by | ||
| Subsection (a)(6) with respect to obtaining and considering | ||
| information through the public safety report system do not apply | ||
| until April 1, 2022. This subsection expires June 1, 2022. | ||
| (b) For purposes of determining whether clear and | ||
| convincing evidence exists to deny a person bail under Section 11d, | ||
| Article I, Texas Constitution, a magistrate shall consider all | ||
| information relevant to the factors listed in Subsection (a). | ||
| (c) In this article, "family violence" has the meaning | ||
| assigned by Section 71.004, Family Code. | ||
| (b) Article 17.15(a), Code of Criminal Procedure, as | ||
| amended by this Act, and Article 17.15(c), as added by this Act, | ||
| take effect immediately if this Act receives a vote of two-thirds of | ||
| all the members elected to each house, as provided by Section 39, | ||
| Article III, Texas Constitution. If this Act does not receive the | ||
| vote necessary for immediate effect, Article 17.15(a), Code of | ||
| Criminal Procedure, as amended by this Act, and Article 17.15(c), | ||
| as added by this Act, take effect on the 91st day after the last day | ||
| of the legislative session. | ||
| SECTION 11. 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 the defendant's [ |
||
| bail [ |
||
| (b) Before taking bail 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 and through the public safety report system developed under | ||
| Article 17.021. | ||
| (c) Notwithstanding Subsection (b), a sheriff, peace | ||
| officer, or jailer may make a bail decision regarding a defendant | ||
| who is charged only with a misdemeanor punishable by fine only or a | ||
| defendant who receives a citation under Article 14.06(c) without | ||
| considering the factor required by Article 17.15(a)(6). | ||
| (d) If the defendant is charged with or has previously been | ||
| convicted of an offense involving violence as defined by Article | ||
| 17.03, the sheriff, officer, or jailer may not set the amount of the | ||
| defendant's bail but may take the defendant's bail in the amount set | ||
| by the court. | ||
| SECTION 12. 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 [ |
||
| 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 [ |
||
| [ |
||
| considers [ |
||
| Article 17.15. | ||
| (b) Before taking bail 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 and through the public safety report system developed under | ||
| Article 17.021. | ||
| (c) If the defendant is charged with or has previously been | ||
| convicted of an offense involving violence as defined by Article | ||
| 17.03, the sheriff, officer, or jailer may not set the amount of the | ||
| defendant's bail but may take the defendant's bail in the amount set | ||
| by the court. | ||
| SECTION 13. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Articles 17.51, 17.52, and 17.53 to read as | ||
| follows: | ||
| Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as | ||
| practicable but not later than the next business day after the date | ||
| a magistrate issues an order imposing a condition of release on bond | ||
| for a defendant or modifying or removing a condition previously | ||
| imposed, the clerk of the court shall send a copy of the order to: | ||
| (1) the appropriate attorney representing the state; | ||
| and | ||
| (2) the sheriff of the county where the defendant | ||
| resides. | ||
| (b) A clerk of the court may delay sending a copy of the | ||
| order under Subsection (a) only if the clerk lacks information | ||
| necessary to ensure service and enforcement. | ||
| (c) If an order described by Subsection (a) prohibits a | ||
| defendant from going to or near a child care facility or school, the | ||
| clerk of the court shall send a copy of the order to the child care | ||
| facility or school. | ||
| (d) The copy of the order and any related information may be | ||
| sent electronically or in another manner that can be accessed by the | ||
| recipient. | ||
| (e) The magistrate or the magistrate's designee shall | ||
| provide written notice to the defendant of: | ||
| (1) the conditions of release on bond; and | ||
| (2) the penalties for violating a condition of | ||
| release. | ||
| (f) The magistrate shall make a separate record of the | ||
| notice provided to the defendant under Subsection (e). | ||
| (g) The Office of Court Administration of the Texas Judicial | ||
| System shall promulgate a form for use by a magistrate or a | ||
| magistrate's designee in providing notice to the defendant under | ||
| Subsection (e). The form must include the relevant statutory | ||
| language from the provisions of this chapter under which a | ||
| condition of release on bond may be imposed on a defendant. | ||
| Art. 17.52. REPORTING OF CONDITIONS. A chief of police or | ||
| sheriff who receives a copy of an order described by Article | ||
| 17.51(a), or the chief's or sheriff's designee, shall, as soon as | ||
| practicable but not later than the 10th day after the date the copy | ||
| is received, enter information relating to the condition of release | ||
| into the appropriate database of the statewide law enforcement | ||
| information system maintained by the Department of Public Safety or | ||
| modify or remove information, as appropriate. | ||
| Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND. | ||
| The Office of Court Administration of the Texas Judicial System | ||
| shall develop statewide procedures and prescribe forms to be used | ||
| by a court to facilitate: | ||
| (1) the refund of any cash funds paid toward a monetary | ||
| bond, with an emphasis on refunding those funds to the person in | ||
| whose name the receipt described by Article 17.02 was issued; and | ||
| (2) the application of those cash funds to the | ||
| defendant's outstanding court costs, fines, and fees. | ||
| SECTION 14. 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) [ |
||
| law enforcement agency. | ||
| SECTION 15. Section 27.005, Government Code, is amended by | ||
| amending Subsection (a) and adding Subsection (c) to read as | ||
| follows: | ||
| (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) [ |
||
| the justice's duties; and | ||
| (B) the course described by Article | ||
| 17.024(a)(1), Code of Criminal Procedure; | ||
| (2) each following year, 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 | ||
| (3) each following state fiscal biennium, the course | ||
| described by Article 17.024(a)(2), Code of Criminal Procedure. | ||
| (c) A course described by Subsection (a)(1)(A) may include a | ||
| course described by Subsection (a)(1)(B). | ||
| SECTION 16. 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 | ||
| after arrest, including: | ||
| (A) the number for each category of offense; | ||
| (B) the number of personal bonds; and | ||
| (C) the number of surety or cash bonds; | ||
| (2) the number of defendants released on bail who | ||
| subsequently failed to appear; | ||
| (3) the number of defendants released on bail who | ||
| subsequently 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 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. | ||
| (c) Not later than December 1 of each year, the office shall | ||
| submit a report containing the data collected under this section | ||
| during the preceding state fiscal year to the governor, lieutenant | ||
| governor, speaker of the house of representatives, and presiding | ||
| officers of the standing committees of each house of the | ||
| legislature with primary jurisdiction over the judiciary. | ||
| SECTION 17. Subchapter C, Chapter 72, Government Code, is | ||
| amended by adding Section 72.038 to read as follows: | ||
| Sec. 72.038. BAIL FORM. (a) The office shall promulgate a | ||
| form to be completed by a magistrate, judge, sheriff, peace | ||
| officer, or jailer who sets bail under Chapter 17, Code of Criminal | ||
| Procedure, for a defendant charged with an offense punishable as a | ||
| Class B misdemeanor or any higher category of offense. The office | ||
| shall incorporate the completed forms into the public safety report | ||
| system developed under Article 17.021, Code of Criminal Procedure. | ||
| (b) The form must: | ||
| (1) state the cause number of the case, if available, | ||
| the defendant's name and date of birth, and the offense for which | ||
| the defendant was arrested; | ||
| (2) state the name and the office or position of the | ||
| person setting bail; | ||
| (3) require the person setting bail to: | ||
| (A) identify the bail type, the amount of the | ||
| bail, and any conditions of bail; | ||
| (B) certify that the person considered each | ||
| factor provided by Article 17.15(a), Code of Criminal Procedure; | ||
| and | ||
| (C) certify that the person considered the | ||
| information provided by the public safety report system; and | ||
| (4) be electronically signed by the person setting the | ||
| bail. | ||
| (c) The person setting bail, an employee of the court that | ||
| set the defendant's bail, or an employee of the county in which the | ||
| defendant's bail was set must, on completion of the form required | ||
| under this section, promptly but not later than 72 hours after the | ||
| time the defendant's bail is set provide the form electronically to | ||
| the office through the public safety report system. | ||
| (d) The office shall publish the information from each form | ||
| submitted under this section in a database that is publicly | ||
| accessible on the office's Internet website. Any identifying | ||
| information or sensitive data, as defined by Rule 21c, Texas Rules | ||
| of Civil Procedure, regarding the victim of an offense and any | ||
| person's address or contact information shall be redacted and may | ||
| not be published under this subsection. | ||
| SECTION 18. (a) Section 411.083(c), Government Code, is | ||
| amended to read as follows: | ||
| (c) The department may disseminate criminal history record | ||
| information under Subsection (b)(1) only for a criminal justice | ||
| purpose. The department may disseminate criminal history record | ||
| information under Subsection (b)(2) only for a purpose specified in | ||
| the statute or order. The department may disseminate criminal | ||
| history record information under Subsection (b)(4), (5), or (6) | ||
| only for a purpose approved by the department and only under rules | ||
| adopted by the department. The department may disseminate criminal | ||
| history record information under Subsection (b)(7) only to the | ||
| extent necessary for a county or district clerk to perform a duty | ||
| imposed by law to collect and report criminal court disposition | ||
| information. Criminal history record information disseminated to a | ||
| clerk under Subsection (b)(7) may be used by the clerk only to | ||
| ensure that information reported by the clerk to the department is | ||
| accurate and complete. The dissemination of information to a clerk | ||
| under Subsection (b)(7) does not affect the authority of the clerk | ||
| to disclose or use information submitted by the clerk to the | ||
| department. The department may disseminate criminal history record | ||
| information under Subsection (b)(8) only to the extent necessary | ||
| for the office of court administration to perform a duty imposed by | ||
| law, including the development and maintenance of the public safety | ||
| report system as required by Article 17.021, Code of Criminal | ||
| Procedure, or to compile court statistics or prepare reports. The | ||
| office of court administration may disclose criminal history record | ||
| information obtained from the department under Subsection (b)(8): | ||
| (1) in a public safety report prepared under Article | ||
| 17.022, Code of Criminal Procedure; or | ||
| (2) in a statistic compiled by the office or a report | ||
| prepared by the office, but only in a manner that does not identify | ||
| the person who is the subject of the information. | ||
| (b) This section takes effect on the 91st day after the last | ||
| day of the legislative session. | ||
| SECTION 19. Section 117.055, Local Government Code, is | ||
| amended by amending Subsection (a) and adding Subsections (a-1) and | ||
| (a-2) to read as follows: | ||
| (a) Except as provided by Subsection (a-1), to [ |
||
| compensate the county for the accounting and administrative | ||
| expenses incurred in handling the registry funds that have not | ||
| earned interest, including funds in a special or separate account, | ||
| the clerk shall, at the time of withdrawal, deduct from the amount | ||
| of the withdrawal a fee in an amount equal to five percent of the | ||
| withdrawal but that may not exceed $50. Withdrawal of funds | ||
| generated from a case arising under the Family Code is exempt from | ||
| the fee deduction provided by this section. | ||
| (a-1) A clerk may not deduct a fee under Subsection (a) from | ||
| a withdrawal of funds generated by the collection of a cash bond or | ||
| cash bail bond if in the case for which the bond was taken: | ||
| (1) the defendant was found not guilty after a trial or | ||
| appeal; or | ||
| (2) the complaint, information, or indictment was | ||
| dismissed without a plea of guilty or nolo contendere being | ||
| entered. | ||
| (a-2) On the request of a person to whom withdrawn funds | ||
| generated by the collection of a cash bond or cash bail bond were | ||
| disbursed, the clerk shall refund to the person the amount of the | ||
| fee deducted under Subsection (a) if: | ||
| (1) subsequent to the deduction, a court makes or | ||
| enters an order or ruling in the case for which the bond was taken; | ||
| and | ||
| (2) had the court made or entered the order or ruling | ||
| before the withdrawal of funds occurred, the deduction under | ||
| Subsection (a) would have been prohibited under Subsection (a-1). | ||
| SECTION 20. Article 17.03(f), Code of Criminal Procedure, | ||
| is repealed. | ||
| SECTION 21. As soon as practicable but not later than April | ||
| 1, 2022, the Office of Court Administration of the Texas Judicial | ||
| System shall create the public safety report system developed under | ||
| Article 17.021, Code of Criminal Procedure, as added by this Act, | ||
| and any related forms and materials and shall provide to the | ||
| appropriate officials in each county and each municipality access | ||
| to the system, forms, and materials at no cost. If those items are | ||
| made available before April 1, 2022, the office shall notify each | ||
| court clerk, judge or other magistrate, and office of an attorney | ||
| representing the state. | ||
| SECTION 22. (a) As soon as practicable but not later than | ||
| April 1, 2022, the Office of Court Administration of the Texas | ||
| Judicial System shall: | ||
| (1) promulgate the forms required by Articles | ||
| 17.028(g) and 17.51(g), Code of Criminal Procedure, as added by | ||
| this Act, and by Section 72.038, Government Code, as added by this | ||
| Act; and | ||
| (2) develop or approve and make available the training | ||
| courses and certification method as described by Article 17.024, | ||
| Code of Criminal Procedure, as added by this Act, and develop the | ||
| procedures and prescribe the forms required by Article 17.53, Code | ||
| of Criminal Procedure, as added by this Act. | ||
| (b) If the items described by Subsection (a) of this section | ||
| are made available before April 1, 2022, the office shall notify | ||
| each court clerk, judge or other magistrate, and office of an | ||
| attorney representing the state. | ||
| SECTION 23. Section 117.055, Local Government Code, as | ||
| amended by this Act, applies only to a withdrawal of funds from a | ||
| court registry under Section 117.055, Local Government Code, made | ||
| on or after the effective date provided by Section 23(c) of this | ||
| Act. A withdrawal of funds from a court registry made before the | ||
| effective date provided by Section 23(c) of this Act is governed by | ||
| the law in effect on the date the withdrawal was made, and the | ||
| former law is continued in effect for that purpose. | ||
| SECTION 24. 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 25. (a) Except as provided by Subsection (b) or (c) | ||
| of this section or another provision of this Act, this Act takes | ||
| effect January 1, 2022. | ||
| (b) Article 17.15(b), Code of Criminal Procedure, as added | ||
| by this Act, takes effect June 1, 2022, but only if the | ||
| constitutional amendment proposed by the 87th Legislature, 2nd | ||
| Called Session, 2021, requiring a judge or magistrate to impose the | ||
| least restrictive conditions of bail that may be necessary and | ||
| authorizing the denial of bail under some circumstances to a person | ||
| accused of a violent or sexual offense or of continuous trafficking | ||
| of persons is approved by the voters. If that amendment is not | ||
| approved by the voters, Article 17.15(b), Code of Criminal | ||
| Procedure, has no effect. | ||
| (c) Articles 17.021 and 17.024, Code of Criminal Procedure, | ||
| as added by this Act, and Sections 4, 17, 19, 20, and 21 of this Act | ||
| take effect on the 91st day after the last day of the legislative | ||
| session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 6 passed the Senate on | ||
| August 9, 2021, by the following vote: Yeas 27, Nays 2; and that | ||
| the Senate concurred in House amendments on August 31, 2021, by the | ||
| following vote: Yeas 26, Nays 5. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 6 passed the House, with | ||
| amendments, on August 30, 2021, by the following vote: Yeas 85, | ||
| Nays 40, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
