BILL ANALYSIS Senate Research Center S.B. 965 84R11438 KJE-D By: Bettencourt Criminal Justice 3/20/2015 As Filed
BILL ANALYSIS
Senate Research Center S.B. 965
84R11438 KJE-D By: Bettencourt
Criminal Justice
3/20/2015
As Filed
Senate Research Center
S.B. 965
84R11438 KJE-D
By: Bettencourt
Criminal Justice
3/20/2015
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Monthly, a report of persons released by the court on personal bond must be compiled on a monthly basis and filed with the clerk of the county. The code is misleading in that it gives the impression that all of these cases are handled by the county clerk. In Harris County, the county clerk handles county civil cases while the district clerk handles county criminal cases. In all other counties in Texas, the county clerk handles both county civil and criminal cases. The Code of Criminal Procedure needs to be modified in a manner to recognize Harris County's regular order of business. As proposed, S.B. 965 amends current law relating to the filing of a copy of certain records related to the release of an accused person on personal bond. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Article 17.42, Code of Criminal Procedure, to require a personal bond pretrial release office established under this article to file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office, rather than file a copy of the record in the office of the clerk of the county court in any county served by the office. SECTION 2. Effective date: September 1, 2015.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Monthly, a report of persons released by the court on personal bond must be compiled on a monthly basis and filed with the clerk of the county. The code is misleading in that it gives the impression that all of these cases are handled by the county clerk.
In Harris County, the county clerk handles county civil cases while the district clerk handles county criminal cases. In all other counties in Texas, the county clerk handles both county civil and criminal cases.
The Code of Criminal Procedure needs to be modified in a manner to recognize Harris County's regular order of business.
As proposed, S.B. 965 amends current law relating to the filing of a copy of certain records related to the release of an accused person on personal bond.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5(a), Article 17.42, Code of Criminal Procedure, to require a personal bond pretrial release office established under this article to file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office, rather than file a copy of the record in the office of the clerk of the county court in any county served by the office.
SECTION 2. Effective date: September 1, 2015.