Texas 2017 - 85th Regular

Texas House Bill HB3011 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12026 MAW-F
2	2	By: Murr H.B. No. 3011
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the pretrial release of a defendant and to funding for
8	8	judicial continuing legal education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 1.07, Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	Art. 1.07. RIGHT TO PRETRIAL RELEASE [BAIL]. (a) Except as
13	13	provided by Subsection (b) or Chapter 17, any person [All
14	14	prisoners] shall be eligible for pretrial release, whether on a
15	15	bail bond or a personal bond, [bailable] unless the person is
16	16	accused of a [for] capital offense for which [offenses when] the
17	17	proof is evident. This provision shall not be [so] construed [as]
18	18	to prevent pretrial release [bail] after indictment found upon
19	19	examination of the evidence, in such manner as may be prescribed by
20	20	law.
21	21	(b) A person may be denied pretrial release if a judge or
22	22	magistrate determines by clear and convincing evidence that
23	23	requiring bail and conditions of pretrial release are insufficient
24	24	to reasonably ensure:
25	25	(1) the person's appearance in court as required; or
26	26	(2) the safety of the community or the victim of the
27	27	alleged offense.
28	28	SECTION 2. Chapter 17, Code of Criminal Procedure, is
29	29	amended by adding Articles 17.021, 17.027, 17.028, and 17.029 to
30	30	read as follows:
31	31	Art. 17.021. DEFINITION OF "PERSONAL BOND OFFICE". (a) A
32	32	"personal bond office" means an office established under Article
33	33	17.42 to:
34	34	(1) gather and review any information that may have a
35	35	bearing on whether a defendant charged with an offense will comply
36	36	with the conditions of a personal bond; and
37	37	(2) report any findings to the court before which the
38	38	defendant's case is pending.
39	39	(b) The term "personal bond office" includes a pretrial
40	40	services office or a pretrial release office.
41	41	Art. 17.027. PRETRIAL RISK ASSESSMENT. (a) The district
42	42	judges with criminal jurisdiction in each judicial district shall
43	43	adopt an instrument to be used in conducting a pretrial risk
44	44	assessment of a defendant charged with an offense in that district.
45	45	The instrument adopted must be the automated pretrial risk
46	46	assessment system developed under Section 72.032, Government Code,
47	47	or another instrument that is:
48	48	(1) objective, validated for its intended use, and
49	49	standardized; and
50	50	(2) based on an analysis of empirical data and risk
51	51	factors relevant to the risk of:
52	52	(A) a defendant failing to appear in court as
53	53	required; and
54	54	(B) danger to the community or the victim of the
55	55	alleged offense as a result of the defendant's pretrial release.
56	56	(b) A magistrate considering the release on bail of a
57	57	defendant charged with an offense punishable as a Class B
58	58	misdemeanor or any higher category of offense shall order that:
59	59	(1) the personal bond office for the county in which
60	60	the defendant is being detained, or other suitable person, use the
61	61	instrument adopted under Subsection (a) to conduct a pretrial risk
62	62	assessment with respect to the defendant; and
63	63	(2) the results of the assessment be provided to the
64	64	magistrate without unnecessary delay to ensure that the magistrate
65	65	is able to make a pretrial release decision under Article 17.028
66	66	within the period required by Subsection (a) of that article.
67	67	(c) The magistrate must consider the results of the pretrial
68	68	risk assessment before making a pretrial release decision under
69	69	Article 17.028.
70	70	Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without
71	71	unnecessary delay but not later than 48 hours after a defendant is
72	72	arrested, a magistrate shall order, after considering all
73	73	circumstances, the results of the pretrial risk assessment
74	74	conducted under Article 17.027, and any credible information
75	75	provided by the defendant or the attorney representing the state,
76	76	that the defendant be:
77	77	(1) released on personal bond without conditions;
78	78	(2) released on personal bond with any condition the
79	79	magistrate determines necessary;
80	80	(3) released on a monetary bail bond without
81	81	conditions;
82	82	(4) released on a monetary bail bond with any
83	83	condition the magistrate determines necessary; or
84	84	(5) denied pretrial release in accordance with this
85	85	chapter.
86	86	(b) A magistrate may release a defendant arrested pursuant
87	87	to a warrant that was issued in a county other than the county in
88	88	which the defendant was arrested if the magistrate would have had
89	89	jurisdiction over the matter had the warrant been issued in the
90	90	county of arrest. If applicable, the magistrate shall forward a
91	91	copy of the pretrial release order to a personal bond office in the
92	92	county in which the arrest warrant was issued.
93	93	(c) In making a decision under this article, the magistrate
94	94	shall impose, as applicable, the least restrictive conditions and
95	95	the minimum amount or type of bail necessary to reasonably ensure
96	96	the defendant's appearance in court as required and the safety of
97	97	the community and the victim of the alleged offense.
98	98	(d) A magistrate may not require a defendant to provide a
99	99	monetary bail bond for the sole purpose of preventing the
100	100	defendant's pretrial release.
101	101	(e) A magistrate who denies a defendant's pretrial release
102	102	shall inform the defendant that the defendant is entitled to a
103	103	pretrial detention hearing under Article 17.035 and, as soon as
104	104	practicable but not later than 24 hours after denying the release,
105	105	issue a written order of denial that includes findings of fact and a
106	106	statement of the magistrate's reasons for denying the release.
107	107	(f) Any costs related to a condition of a defendant's
108	108	pretrial release shall be assessed as court costs or ordered paid
109	109	directly by a defendant as a condition of release, unless the
110	110	magistrate determines that the defendant is indigent or
111	111	demonstrates an inability to pay.
112	112	(g) A judge may not adopt a bail schedule or enter a standing
113	113	order related to bail that:
114	114	(1) is inconsistent with this article; or
115	115	(2) authorizes a magistrate or other officer to make a
116	116	pretrial release decision for a defendant without considering the
117	117	results of the defendant's pretrial risk assessment.
118	118	Art. 17.029. DEFENDANT APPEARING IN RESPONSE TO CITATION.
119	119	A defendant who appears before a magistrate as ordered by citation
120	120	may not be temporarily detained for purposes of conducting a
121	121	pretrial risk assessment or for a magistrate to issue a pretrial
122	122	release decision. The magistrate, after performing the duties
123	123	imposed by Article 15.17, shall release the defendant on personal
124	124	bond, unless the defendant is lawfully detained on another matter.
125	125	SECTION 3. Articles 17.032(a), (b), (c), and (d), Code of
126	126	Criminal Procedure, are amended to read as follows:
127	127	(a) In this article, "violent offense" means an offense
128	128	under the following sections of the Penal Code:
129	129	(1) Section 19.02 (murder);
130	130	(2) Section 19.03 (capital murder);
131	131	(3) Section 20.03 (kidnapping);
132	132	(4) Section 20.04 (aggravated kidnapping);
133	133	(5) Section 21.11 (indecency with a child);
134	134	(6) Section 22.01(a)(1) (assault), if the offense
135	135	involves family violence as defined by Section 71.004, Family Code;
136	136	(7) Section 22.011 (sexual assault);
137	137	(8) Section 22.02 (aggravated assault);
138	138	(9) Section 22.021 (aggravated sexual assault);
139	139	(10) Section 22.04 (injury to a child, elderly
140	140	individual, or disabled individual);
141	141	(11) Section 29.03 (aggravated robbery);
142	142	(12) Section 21.02 (continuous sexual abuse of young
143	143	child or children); or
144	144	(13) Section 20A.03 (continuous trafficking of
145	145	persons).
146	146	(b) Notwithstanding a bail schedule or any standing order
147	147	entered by a judge, a [A] magistrate shall release a defendant on
148	148	personal bond unless good cause is shown otherwise if [the]:
149	149	(1) the defendant is not charged with and has not been
150	150	previously convicted of a violent offense;
151	151	(2) the defendant is examined by the local mental
152	152	health [or mental retardation] authority, local intellectual and
153	153	developmental disability authority, or another mental health or
154	154	intellectual disability expert under Article 16.22 [of this code];
155	155	(3) the applicable expert, in a written assessment
156	156	submitted to the magistrate under Article 16.22,[:
157	157	[(A)] concludes that the defendant:
158	158	(A) has a mental illness or is a person with an
159	159	intellectual disability; [mental retardation] and
160	160	(B) requires treatment that is not available in
161	161	the jail [is nonetheless competent to stand trial]; [and
162	162	[(B) recommends mental health treatment for the
163	163	defendant; and]
164	164	(4) the magistrate determines, in consultation with
165	165	the local mental health [or mental retardation] authority or local
166	166	intellectual and developmental disability authority, that
167	167	appropriate community-based mental health or intellectual
168	168	disability [mental retardation] services for the defendant are
169	169	available in accordance with [through the Texas Department of
170	170	Mental Health and Mental Retardation under] Section 534.053 or
171	171	534.103, Health and Safety Code, or through a [another] mental
172	172	health or intellectual disability [mental retardation] services
173	173	provider as otherwise permitted by law; and
174	174	(5) the magistrate finds, after considering all the
175	175	circumstances, the results of the pretrial risk assessment
176	176	conducted under Article 17.027, and any other credible information
177	177	provided by the defendant or the attorney representing the state,
178	178	that release on personal bond would reasonably ensure the
179	179	defendant's appearance in court as required and the safety of the
180	180	community and the victim of the alleged offense.
181	181	(c) The magistrate, unless good cause is shown for not
182	182	requiring treatment, shall require as a condition of release [on
183	183	personal bond] under this article that the defendant submit to
184	184	outpatient or inpatient mental health or intellectual disability
185	185	[mental retardation] treatment as recommended by the local mental
186	186	health [or mental retardation] authority, local intellectual and
187	187	developmental disability authority, or another qualified mental
188	188	health or intellectual disability expert if the defendant's:
189	189	(1) mental illness or intellectual disability [mental
190	190	retardation] is chronic in nature; or
191	191	(2) ability to function independently will continue to
192	192	deteriorate if the defendant is not treated.
193	193	(d) In addition to a condition of release imposed under
194	194	Subsection (c) of this article, the magistrate may require the
195	195	defendant to comply with other conditions that are reasonably
196	196	necessary to ensure the defendant's appearance in court as required
197	197	and the safety of [protect] the community and the victim of the
198	198	alleged offense.
199	199	SECTION 4. Chapter 17, Code of Criminal Procedure, is
200	200	amended by adding Articles 17.034, 17.035, 17.036, 17.037, and
201	201	17.038 to read as follows:
202	202	Art. 17.034. RELEASE OF DEFENDANT ARRESTED FOR FAILURE TO
203	203	APPEAR. A magistrate shall release on personal bond a defendant
204	204	arrested on a warrant issued for the defendant's failure to appear
205	205	as ordered if the defendant shows good cause for the failure to
206	206	appear. If good cause is not shown, a magistrate may release the
207	207	defendant in accordance with Article 17.028. If the magistrate
208	208	releases the defendant on a monetary bail bond, the magistrate must
209	209	set the amount of bail at the minimum amount that the magistrate
210	210	determines is necessary to reasonably ensure the defendant's
211	211	appearance in court as required and the safety of the community and
212	212	the victim of the alleged offense.
213	213	Art. 17.035. PRETRIAL DETENTION HEARING REQUIRED. (a) As
214	214	soon as practicable after a defendant's pretrial release is denied
215	215	under Article 17.028, but not later than the 10th day after the date
216	216	the magistrate issues the written order denying the release, the
217	217	court in which the defendant's case is pending shall conduct a
218	218	hearing regarding whether to detain the defendant pending the trial
219	219	of the offense.
220	220	(b) A defendant may voluntarily and intelligently waive in
221	221	writing the defendant's right to a pretrial detention hearing. The
222	222	court or the attorney representing the state may not direct or
223	223	encourage the defendant to waive the defendant's right to a
224	224	pretrial detention hearing. A waiver under this subsection shall be
225	225	filed with and become part of the record of the proceedings. A
226	226	waiver obtained in violation of this subsection is presumed
227	227	invalid. A defendant may withdraw a waiver under this subsection at
228	228	any time.
229	229	(c) The attorney representing the state must establish
230	230	probable cause that the defendant committed the offense for which
231	231	the defendant is being detained. The attorney representing the
232	232	state may satisfy the requirement of this subsection by providing
233	233	to the court an information or indictment for the offense.
234	234	(d) In each criminal case, there is a rebuttable presumption
235	235	that monetary bail, conditions of release, or both monetary bail
236	236	and conditions of release are sufficient to reasonably ensure the
237	237	defendant's appearance in court as required and the safety of the
238	238	community and the victim of the alleged offense. For purposes of
239	239	rebutting the presumption established by this subsection, the court
240	240	may consider the results of the defendant's pretrial risk
241	241	assessment and any other information presented during the hearing.
242	242	(e) A defendant is entitled to be represented by counsel at
243	243	a pretrial detention hearing, and an indigent defendant is entitled
244	244	to have counsel appointed to represent the defendant for that
245	245	purpose.
246	246	(f) The defendant may present any relevant information at
247	247	the pretrial detention hearing, including by testifying,
248	248	presenting witnesses, and cross-examining witnesses presented by
249	249	the attorney representing the state.
250	250	(g) The rules of evidence applicable to criminal trials do
251	251	not apply to a pretrial detention hearing. The defendant or the
252	252	attorney representing the state may request a proffer of a
253	253	witness's testimony before the witness is presented.
254	254	(h) A defendant may not use a pretrial detention hearing to:
255	255	(1) seek discovery or conduct an examining trial; or
256	256	(2) harass a victim of or witness to the alleged
257	257	offense.
258	258	(i) At any time during the period occurring after the
259	259	pretrial detention hearing concludes and before the trial of the
260	260	offense commences, and regardless of whether the defendant was
261	261	released or confined as a result of that hearing, the court may
262	262	reopen the pretrial detention hearing based on new information that
263	263	the court determines is material to the issue of whether monetary
264	264	bail or conditions of release will reasonably ensure the
265	265	defendant's appearance in court as required and the safety of the
266	266	community and the victim of the alleged offense.
267	267	Art. 17.036. PRETRIAL DETENTION HEARING: FINDING AND ORDER.
268	268	(a) In a pretrial detention hearing, the court shall consider:
269	269	(1) the nature and circumstances of the offense
270	270	charged;
271	271	(2) the weight of the evidence against the defendant,
272	272	including whether the evidence is likely to be admissible in the
273	273	trial of the offense;
274	274	(3) the history and characteristics of the defendant,
275	275	including:
276	276	(A) the defendant's character, physical and
277	277	mental condition, family ties, employment, financial resources,
278	278	length of residence in and other ties to the community, past conduct
279	279	including criminal history, history relating to drug or alcohol
280	280	abuse, and history of attendance at court proceedings; and
281	281	(B) whether, at the time of the offense, the
282	282	defendant was on community supervision, parole, or mandatory
283	283	supervision or was otherwise released pending trial, sentencing,
284	284	or appeal for any offense, including an offense under federal law or
285	285	the law of another state;
286	286	(4) the nature and seriousness of the danger to the
287	287	community or the victim of the alleged offense as a result of the
288	288	defendant's pretrial release, if applicable;
289	289	(5) the nature and seriousness of the risk of
290	290	obstruction to the criminal justice process as a result of the
291	291	defendant's pretrial release, if applicable;
292	292	(6) the results of the defendant's pretrial risk
293	293	assessment; and
294	294	(7) any other relevant information.
295	295	(b) The judge shall order the defendant to be released in
296	296	accordance with Article 17.028 unless the judge finds by clear and
297	297	convincing evidence that monetary bail and conditions of release
298	298	are insufficient to reasonably ensure the defendant's appearance in
299	299	court as required or the safety of the community or the victim of
300	300	the alleged offense. If the judge makes the finding described by
301	301	this subsection, the judge shall:
302	302	(1) order that the defendant be detained in jail
303	303	pending trial; and
304	304	(2) issue a written order that includes findings of
305	305	fact and a statement of the judge's reasons for ordering the
306	306	pretrial detention.
307	307	Art. 17.037. PRETRIAL DETENTION HEARING: CONTINUANCE. A
308	308	defendant may request a continuance of a pretrial detention
309	309	hearing. Except for good cause shown, the court may not, based on a
310	310	defendant's request, authorize a continuance for more than five
311	311	days, excluding weekends and legal holidays. The attorney
312	312	representing the state may not request a continuance of a pretrial
313	313	detention hearing.
314	314	Art. 17.038. PRETRIAL DETENTION HEARING: APPEAL. A
315	315	defendant is entitled to appeal an order requiring that the
316	316	defendant be detained in jail pending trial. The defendant shall be
317	317	detained in jail pending the appeal. The court of criminal appeals
318	318	shall adopt rules accelerating the disposition by the appellate
319	319	court and the court of criminal appeals of an appeal under this
320	320	article.
321	321	SECTION 5. Section 3, Article 17.09, Code of Criminal
322	322	Procedure, is amended to read as follows:
323	323	Sec. 3. (a) Provided that whenever, during the course of
324	324	the action, the judge or magistrate in whose court the [such] action
325	325	is pending or a judge of a court in the county with jurisdiction
326	326	over the action finds that the bond is defective, excessive or
327	327	insufficient in amount, or that the sureties, if any, are not
328	328	acceptable, or for any other good and sufficient cause, the [such]
329	329	judge or magistrate may, either in term-time or in vacation, order
330	330	the defendant [accused] to be rearrested, and require the defendant
331	331	[accused] to give another bond in accordance with this chapter in an
332	332	[such] amount or under any conditions [as] the judge or magistrate
333	333	considers [may deem] proper. When the [such] bond is [so] given and
334	334	approved, the defendant shall be released from custody. At any time
335	335	before trial of the offense for which the defendant is released on
336	336	bail, the attorney representing the state may, for any good and
337	337	sufficient cause, file a motion to declare the bond defective or
338	338	insufficient.
339	339	(b) The judge or magistrate may order the defendant to be
340	340	rearrested and require the defendant to give another bond in a
341	341	higher amount only after providing notice to each party to the
342	342	action and, on request of a party, an opportunity for a hearing.
343	343	SECTION 6. Chapter 17, Code of Criminal Procedure, is
344	344	amended by adding Articles 17.142 and 17.1511 to read as follows:
345	345	Art. 17.142. APPLICATION FOR BAIL REDUCTION. A defendant
346	346	who is unable to give bail in the amount ordered under this chapter
347	347	may submit an application for a bail reduction to the judge in whose
348	348	court the action is pending or a judge of a court in the county with
349	349	jurisdiction over the action. The judge shall promptly hold a
350	350	hearing regarding the application.
351	351	Art. 17.1511. RELEASE OF DEFENDANT DETAINED LONGER THAN
352	352	POTENTIAL PUNISHMENT. Notwithstanding any other law, a defendant
353	353	may not be detained in jail pending trial for a cumulative period
354	354	that exceeds the maximum term of confinement that may be imposed on
355	355	conviction of the offense of which the defendant is accused.
356	356	SECTION 7. Article 17.20, Code of Criminal Procedure, is
357	357	amended to read as follows:
358	358	Art. 17.20. BAIL IN MISDEMEANOR. Notwithstanding a bail
359	359	schedule or any standing order entered by a judge, in [In] cases of
360	360	misdemeanor when the defendant is in the custody of the officer or
361	361	jailer, the sheriff or other peace officer[,] or a jailer licensed
362	362	under Chapter 1701, Occupations Code, after considering the results
363	363	of the defendant's pretrial risk assessment, may, whether during
364	364	the term of the court or in vacation, [where the officer has a
365	365	defendant in custody,] take [of] the bail of the defendant in
366	366	accordance with Article 17.028 [a bail bond].
367	367	SECTION 8. Article 17.21, Code of Criminal Procedure, is
368	368	amended to read as follows:
369	369	Art. 17.21. BAIL IN FELONY. (a) Notwithstanding a bail
370	370	schedule or any standing order entered by a judge, in [In] cases of
371	371	felony, when the defendant [accused] is in the custody of a [the]
372	372	sheriff or other peace officer or a jailer licensed under Chapter
373	373	1701, Occupations Code, and the court before which the prosecution
374	374	is pending is in session in the county where the defendant [accused]
375	375	is in custody, the court shall make a pretrial release decision in
376	376	accordance with Article 17.028. After approving the bail, the [fix
377	377	the amount of bail, if it is a bailable case and determine if the
378	378	accused is eligible for a personal bond; and the sheriff or other
379	379	peace] officer[, unless it be the police of a city,] or [a] jailer
380	380	may [licensed under Chapter 1701, Occupations Code, is authorized
381	381	to] take the [a] bail [bond] of the defendant [accused in the
382	382	amount] as ordered [fixed] by the court. On taking the bail, the[,
383	383	to be approved by such] officer or jailer shall [taking the same,
384	384	and will thereupon] discharge the defendant [accused] from custody.
385	385	(b) The defendant and the defendant's sureties are not
386	386	required to appear in court.
387	387	(c) This article does not apply to a peace officer employed
388	388	by a municipality.
389	389	SECTION 9. Article 17.22, Code of Criminal Procedure, is
390	390	amended to read as follows:
391	391	Art. 17.22. MAY TAKE BAIL IN FELONY. In a felony case, if
392	392	the court before which the case [same] is pending is not in session
393	393	in the county where the defendant is in custody, the sheriff or
394	394	other peace officer[,] or a jailer licensed under Chapter 1701,
395	395	Occupations Code, who has the defendant in custody:
396	396	(1) may take the defendant's bail if bail has [bond in
397	397	such amount as may have] been ordered [fixed] by the court or
398	398	magistrate under Article 17.028;[,] or
399	399	(2) notwithstanding a bail schedule or any standing
400	400	order entered by a judge, may, after considering the results of the
401	401	defendant's pretrial risk assessment, take the defendant's bail in
402	402	accordance with Article 17.028 if bail [no amount] has not been
403	403	ordered [fixed, then in such amount as such officer may consider
404	404	reasonable].
405	405	SECTION 10. Chapter 17, Code of Criminal Procedure, is
406	406	amended by adding Article 17.251 to read as follows:
407	407	Art. 17.251. NOTIFICATION OF CONDITIONS OF RELEASE. (a) A
408	408	magistrate authorizing a defendant's release on bail shall, if
409	409	applicable, provide written notice to the defendant of:
410	410	(1) the conditions of the defendant's release; and
411	411	(2) the penalties of violating a condition of release,
412	412	including the defendant's arrest.
413	413	(b) The notice under Subsection (a) must be provided in a
414	414	manner that is sufficiently clear and specific to serve as a guide
415	415	for the defendant's conduct while released.
416	416	SECTION 11. Articles 17.41(b) and (c), Code of Criminal
417	417	Procedure, are amended to read as follows:
418	418	(b) Subject to Subsections (c) and (d), a magistrate shall
419	419	require as a condition of release [bond] for a defendant charged
420	420	with an offense described by Subsection (a) that the defendant not:
421	421	(1) directly communicate with the alleged victim of
422	422	the offense; or
423	423	(2) go near a residence, school, or other location, as
424	424	specifically described in the bond, frequented by the alleged
425	425	victim.
426	426	(c) A magistrate who imposes a condition of release [bond]
427	427	under this article may grant the defendant supervised access to the
428	428	alleged victim.
429	429	SECTION 12. Section 1, Article 17.42, Code of Criminal
430	430	Procedure, is amended to read as follows:
431	431	Sec. 1. Any county, or any judicial district with
432	432	jurisdiction in more than one county, with the approval of the
433	433	commissioners court of each county in the district, may establish a
434	434	personal bond office [to gather and review information about an
435	435	accused that may have a bearing on whether he will comply with the
436	436	conditions of a personal bond and report its findings to the court
437	437	before which the case is pending].
438	438	SECTION 13. Section 4, Article 17.42, Code of Criminal
439	439	Procedure, is amended by amending Subsection (a) and adding
440	440	Subsection (a-1) to read as follows:
441	441	(a) If a court releases a defendant [an accused] on personal
442	442	bond on the recommendation of a personal bond office, the court
443	443	shall assess a personal bond fee of $20 or three percent of the
444	444	amount of the bail fixed for the accused, whichever is greater. The
445	445	court may waive the fee or assess a lesser fee if the court
446	446	determines that the defendant is indigent or demonstrates an
447	447	inability to pay or if other good cause is shown. The court or
448	448	jailer may not refuse to release a defendant solely because the
449	449	defendant is unable to pay the fee if the court determines that the
450	450	defendant is indigent or demonstrates an inability to pay the fee.
451	451	(a-1) The court may require that any fee assessed under
452	452	Subsection (a) be paid:
453	453	(1) before the defendant is released;
454	454	(2) as a condition of release; or
455	455	(3) as court costs.
456	456	SECTION 14. Sections 5(a) and (b), Article 17.42, Code of
457	457	Criminal Procedure, are amended to read as follows:
458	458	(a) A personal bond [pretrial release] office established
459	459	under this article shall:
460	460	(1) prepare a record containing information about any
461	461	defendant [accused person] identified by case number only who,
462	462	after review by the office, is released by a court on personal bond;
463	463	(2) update the record on a monthly basis; and
464	464	(3) file a copy of the record with the district or
465	465	county clerk, as applicable based on court jurisdiction over the
466	466	categories of offenses addressed in the records, in any county
467	467	served by the office.
468	468	(b) In preparing a record under Subsection (a), the office
469	469	shall include in the record a statement of:
470	470	(1) the offense with which the defendant [person] is
471	471	charged;
472	472	(2) the dates of any court appearances scheduled in
473	473	the matter that were previously unattended by the defendant
474	474	[person];
475	475	(3) whether a summons or a warrant of arrest has been
476	476	issued as a result of [for] the defendant's [person's arrest for]
477	477	failure to appear in accordance with the terms of [the person's]
478	478	release;
479	479	(4) whether the defendant [person] has failed to
480	480	comply with conditions of release [on personal bond]; and
481	481	(5) the presiding judge or magistrate who authorized
482	482	the personal bond.
483	483	SECTION 15. Section 6(b), Article 17.42, Code of Criminal
484	484	Procedure, is amended to read as follows:
485	485	(b) In preparing an annual report under Subsection (a), the
486	486	office shall include in the report a statement of:
487	487	(1) the office's operating budget;
488	488	(2) the number of positions maintained for office
489	489	staff;
490	490	(3) the number of defendants [accused persons] who,
491	491	after review by the office, were released by a court on personal
492	492	bond; and
493	493	(4) the number of defendants [persons] described by
494	494	Subdivision (3):
495	495	(A) who were convicted of the same offense or of
496	496	any felony within the six years preceding the date on which charges
497	497	were filed in the matter pending during the defendant's [person's]
498	498	release;
499	499	(B) who failed to attend a scheduled court
500	500	appearance;
501	501	(C) for whom a summons or a warrant of arrest was
502	502	issued as a result of [for] the defendant's [person's arrest for]
503	503	failure to appear in accordance with the terms of [the person's]
504	504	release; or
505	505	(D) who were arrested for any other offense while
506	506	on the personal bond.
507	507	SECTION 16. Article 17.43, Code of Criminal Procedure, is
508	508	amended to read as follows:
509	509	Art. 17.43. HOME CURFEW AND ELECTRONIC MONITORING AS
510	510	CONDITION. (a) A magistrate may require as a condition of release
511	511	[on personal bond] that the defendant submit to home curfew and
512	512	electronic monitoring under the supervision of an agency designated
513	513	by the magistrate.
514	514	(b) Cost of monitoring may be assessed as court costs or
515	515	ordered paid directly by the defendant as a condition of release
516	516	[bond].
517	517	SECTION 17. The heading to Article 17.44, Code of Criminal
518	518	Procedure, is amended to read as follows:
519	519	Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING,
520	520	ALCOHOL OR [AND] DRUG TESTING, OR TREATMENT AS CONDITION.
521	521	SECTION 18. Article 17.44, Code of Criminal Procedure, is
522	522	amended by amending Subsections (a), (c), and (e) and adding
523	523	Subsections (a-1) and (a-2) to read as follows:
524	524	(a) A magistrate may require as a condition of release [on
525	525	bond] that the defendant submit to [:
526	526	[(1)] home confinement and electronic monitoring under
527	527	the supervision of an agency designated by the magistrate.
528	528	(a-1) On reasonable belief that a defendant is under the
529	529	influence of alcohol or a controlled substance or on the finding
530	530	that alcohol or a controlled substance related to the offense for
531	531	which the defendant is charged, a magistrate may, if the magistrate
532	532	determines that the condition will serve to reasonably ensure the
533	533	defendant's appearance in court as required or the safety of the
534	534	community or the victim of the alleged offense, require as a
535	535	condition of release that the defendant:
536	536	(1) submit to testing for alcohol or a controlled
537	537	substance in the defendant's body; or
538	538	(2) participate in an alcohol or drug abuse treatment
539	539	or education program.
540	540	(a-2) The attorney representing the state may not use the
541	541	results of any test conducted under this chapter in a criminal
542	542	proceeding arising out of the offense for which the defendant is
543	543	charged [; or
544	544	[(2) testing on a weekly basis for the presence of a
545	545	controlled substance in the defendant's body].
546	546	(c) The magistrate may revoke the bond and order the
547	547	defendant arrested if the defendant:
548	548	(1) violates a condition of home confinement and
549	549	electronic monitoring;
550	550	(2) refuses to:
551	551	(A) submit to a test for alcohol or controlled
552	552	substances; or
553	553	(B) participate in an alcohol or drug abuse
554	554	treatment or education program;
555	555	(3) submits to a test for alcohol or controlled
556	556	substances and the test indicates the presence of alcohol or a
557	557	controlled substance in the defendant's body; or
558	558	(4) [(3)] fails to pay the costs of monitoring, [or]
559	559	testing for alcohol or controlled substances, or participating in a
560	560	treatment or education program, if payment is ordered under
561	561	Subsection (e) as a condition of release [bond] and the magistrate
562	562	determines that the defendant is not indigent and is financially
563	563	able to make the payments as ordered.
564	564	(e) The cost of electronic monitoring, [or] testing for
565	565	alcohol or controlled substances, or participating in a treatment
566	566	or education program under this article may be assessed as court
567	567	costs or ordered paid directly by the defendant as a condition of
568	568	release [bond]. A magistrate may reduce or waive a cost described
569	569	by this subsection if the magistrate determines that the defendant
570	570	is indigent or demonstrates an inability to pay.
571	571	SECTION 19. Article 17.441(a), Code of Criminal Procedure,
572	572	is amended to read as follows:
573	573	(a) Except as provided by Subsection (b), a magistrate shall
574	574	require as a condition of [on] release that a defendant charged with
575	575	a subsequent offense under Sections 49.04-49.06, Penal Code, or an
576	576	offense under Section 49.07 or 49.08 of that code:
577	577	(1) have installed on the motor vehicle owned by the
578	578	defendant or on the vehicle most regularly driven by the defendant,
579	579	a device that uses a deep-lung breath analysis mechanism to make
580	580	impractical the operation of a motor vehicle if ethyl alcohol is
581	581	detected in the breath of the operator; and
582	582	(2) not operate any motor vehicle unless the vehicle
583	583	is equipped with that device.
584	584	SECTION 20. Article 17.45, Code of Criminal Procedure, is
585	585	amended to read as follows:
586	586	Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
587	587	A magistrate may require as a condition of release [bond] that a
588	588	defendant charged with an offense under Section 43.02, Penal Code,
589	589	receive counseling or education, or both, relating to acquired
590	590	immune deficiency syndrome or human immunodeficiency virus.
591	591	SECTION 21. Article 17.46, Code of Criminal Procedure, is
592	592	amended to read as follows:
593	593	Art. 17.46. CONDITIONS FOR A DEFENDANT CHARGED WITH
594	594	STALKING. (a) A magistrate may require as a condition of release
595	595	[on bond] that a defendant charged with an offense under Section
596	596	42.072, Penal Code, may not:
597	597	(1) communicate directly or indirectly with the
598	598	victim; or
599	599	(2) go to or near the residence, place of employment,
600	600	or business of the victim or to or near a school, day-care facility,
601	601	or similar facility where a dependent child of the victim is in
602	602	attendance.
603	603	(b) If the magistrate requires the prohibition contained in
604	604	Subsection (a)(2) of this article as a condition of release [on
605	605	bond], the magistrate shall specifically describe the prohibited
606	606	locations and the minimum distances, if any, that the defendant
607	607	must maintain from the locations.
608	608	SECTION 22. Article 17.47, Code of Criminal Procedure, is
609	609	amended to read as follows:
610	610	Art. 17.47. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN.
611	611	(a) A magistrate may require as a condition of release [on bail or
612	612	bond of a defendant] that a [the] defendant provide to a local law
613	613	enforcement agency one or more specimens for the purpose of
614	614	creating a DNA record under Subchapter G, Chapter 411, Government
615	615	Code.
616	616	(b) For [A magistrate shall require as a condition of
617	617	release on bail or bond of] a defendant described by Section
618	618	411.1471(a), Government Code, a magistrate shall require as a
619	619	condition of release that the defendant provide to a local law
620	620	enforcement agency one or more specimens for the purpose of
621	621	creating a DNA record under Subchapter G, Chapter 411, Government
622	622	Code.
623	623	SECTION 23. Articles 17.49(b), (d), (e), and (j), Code of
624	624	Criminal Procedure, are amended to read as follows:
625	625	(b) A magistrate may require as a condition of release [on
626	626	bond] that a defendant charged with an offense involving family
627	627	violence:
628	628	(1) refrain from going to or near a residence, school,
629	629	place of employment, or other location, as specifically described
630	630	in the bond, frequented by an alleged victim of the offense;
631	631	(2) carry or wear a global positioning monitoring
632	632	system device and, except as provided by Subsection (h), pay the
633	633	costs associated with operating that system in relation to the
634	634	defendant; or
635	635	(3) except as provided by Subsection (h), if the
636	636	alleged victim of the offense consents after receiving the
637	637	information described by Subsection (d), pay the costs associated
638	638	with providing the victim with an electronic receptor device that:
639	639	(A) is capable of receiving the global
640	640	positioning monitoring system information from the device carried
641	641	or worn by the defendant; and
642	642	(B) notifies the victim if the defendant is at or
643	643	near a location that the defendant has been ordered to refrain from
644	644	going to or near under Subdivision (1).
645	645	(d) Before imposing a condition described by Subsection
646	646	(b)(3), a magistrate must provide to an alleged victim information
647	647	regarding:
648	648	(1) the victim's right to participate in a global
649	649	positioning monitoring system or to refuse to participate in that
650	650	system and the procedure for requesting that the magistrate
651	651	terminate the victim's participation;
652	652	(2) the manner in which the global positioning
653	653	monitoring system technology functions and the risks and
654	654	limitations of that technology, and the extent to which the system
655	655	will track and record the victim's location and movements;
656	656	(3) any locations that the defendant is ordered to
657	657	refrain from going to or near and the minimum distances, if any,
658	658	that the defendant must maintain from those locations;
659	659	(4) any sanctions that the court may impose on the
660	660	defendant for violating a condition of release [bond] imposed under
661	661	this article;
662	662	(5) the procedure that the victim is to follow, and
663	663	support services available to assist the victim, if the defendant
664	664	violates a condition of release [bond] or if the global positioning
665	665	monitoring system equipment fails;
666	666	(6) community services available to assist the victim
667	667	in obtaining shelter, counseling, education, child care, legal
668	668	representation, and other assistance available to address the
669	669	consequences of family violence; and
670	670	(7) the fact that the victim's communications with the
671	671	court concerning the global positioning monitoring system and any
672	672	restrictions to be imposed on the defendant's movements are not
673	673	confidential.
674	674	(e) In addition to the information described by Subsection
675	675	(d), a magistrate shall provide to an alleged victim who
676	676	participates in a global positioning monitoring system under this
677	677	article the name and telephone number of an appropriate person
678	678	employed by a local law enforcement agency whom the victim may call
679	679	to request immediate assistance if the defendant violates a
680	680	condition of release [bond] imposed under this article.
681	681	(j) A magistrate that imposes a condition described by
682	682	Subsection (b)(1) or (2) shall order the entity that operates the
683	683	global positioning monitoring system to notify the court and the
684	684	appropriate local law enforcement agency if a defendant violates a
685	685	condition of release [bond] imposed under this article.
686	686	SECTION 24. Chapter 17, Code of Criminal Procedure, is
687	687	amended by adding Articles 17.50, 17.51, and 17.52 to read as
688	688	follows:
689	689	Art. 17.50. VIOLATION OF CONDITION OF RELEASE. (a) A court
690	690	may, on its own motion or on the motion of the attorney representing
691	691	the state, issue a summons or a warrant of arrest for a defendant if
692	692	there is reason to believe that the defendant has violated a
693	693	condition of release. A summons must order the defendant to appear
694	694	before the court for a hearing on the violation on the date
695	695	specified in the summons, which may not be later than the 30th day
696	696	after the date the summons is issued.
697	697	(b) An attorney representing the state may not file a motion
698	698	requesting the issuance of a summons or warrant under Subsection
699	699	(a) based solely on the defendant's alleged commission of an
700	700	offense punishable by a fine only.
701	701	Art. 17.51. HEARING ON VIOLATION OF CONDITION OF RELEASE.
702	702	(a) The court must hold a hearing on an alleged violation of a
703	703	condition of release before revoking a defendant's bail. The
704	704	hearing must be held not later than:
705	705	(1) the 10th day after the date the defendant is
706	706	arrested; or
707	707	(2) the 30th day after the date a summons is issued for
708	708	the defendant.
709	709	(b) If the court, on its own motion or on the motion of the
710	710	attorney representing the state, announces its intention to revoke
711	711	the bail of a defendant who is in custody on the underlying case,
712	712	the defendant is entitled to a hearing not later than the 10th day
713	713	after the date the court announces its intention.
714	714	(c) If a revocation hearing is held following the filing of
715	715	a motion by the attorney representing the state under Article
716	716	17.50(a), the attorney representing the state must establish by a
717	717	preponderance of the evidence that the defendant violated a
718	718	condition of release.
719	719	Art. 17.52. REVOCATION OF BAIL. (a) After a hearing under
720	720	Article 17.51, the court may revoke the defendant's bail if the
721	721	court finds:
722	722	(1) by a preponderance of the evidence that the
723	723	defendant violated a condition of release; and
724	724	(2) by clear and convincing evidence that, considering
725	725	all relevant circumstances, including the nature and seriousness of
726	726	the alleged violation, monetary bail and conditions of release are
727	727	insufficient to reasonably ensure the defendant's appearance in
728	728	court as required or the safety of the community or the victim of
729	729	the alleged offense.
730	730	(b) A court that revokes the defendant's bail shall order
731	731	that the defendant be immediately returned to custody. Once the
732	732	defendant is placed in custody, the revocation of the defendant's
733	733	bail discharges the sureties on the bail bond, if any, from any
734	734	future liability on the bond. A discharge under this subsection
735	735	from any future liability on the bail bond does not discharge any
736	736	surety from liability for previous forfeitures on the bond.
737	737	SECTION 25. Subchapter B, Chapter 22, Government Code, is
738	738	amended by adding Section 22.113 to read as follows:
739	739	Sec. 22.113. DUTIES REGARDING BAIL. The court of criminal
740	740	appeals may adopt rules as necessary to implement Chapter 17, Code
741	741	of Criminal Procedure.
742	742	SECTION 26. Section 54.737(c), Government Code, is amended
743	743	to read as follows:
744	744	(c) The rules must provide that a criminal law magistrate
745	745	judge may only release a defendant under Article 17.028(b)
746	746	[17.031], Code of Criminal Procedure, under guidelines established
747	747	by the council of judges.
748	748	SECTION 27. Section 56.003(b), Government Code, is amended
749	749	to read as follows:
750	750	(b) No more than one-third of the funds appropriated for any
751	751	fiscal year shall be used for the continuing legal education of
752	752	judges of appellate courts, district courts, county courts at law,
753	753	county courts performing judicial functions, full-time associate
754	754	judges and masters appointed pursuant to Chapter 201, Family Code,
755	755	and [full-time] masters, magistrates, referees, and associate
756	756	judges appointed pursuant to Chapter 54 or 54A as required by the
757	757	court of criminal appeals under Section 74.025 and of their court
758	758	personnel.
759	759	SECTION 28. Subchapter C, Chapter 72, Government Code, is
760	760	amended by adding Section 72.032 to read as follows:
761	761	Sec. 72.032. AUTOMATED PRETRIAL RISK ASSESSMENT SYSTEM.
762	762	For purposes of Article 17.027, Code of Criminal Procedure, the
763	763	office shall develop an automated pretrial risk assessment system
764	764	and make the system available to judges and magistrates in this
765	765	state.
766	766	SECTION 29. The following provisions of the Code of
767	767	Criminal Procedure are repealed:
768	768	(1) Article 17.03;
769	769	(2) Article 17.031;
770	770	(3) Article 17.15;
771	771	(4) Article 17.33;
772	772	(5) Article 17.40; and
773	773	(6) Sections 5(c) and 6(c), Article 17.42.
774	774	SECTION 30. Not later than November 1, 2018, the Office of
775	775	Court Administration of the Texas Judicial System shall develop the
776	776	automated pretrial risk assessment system required by Section
777	777	72.032, Government Code, as added by this Act.
778	778	SECTION 31. Not later than November 1, 2018, each judicial
779	779	district shall adopt the pretrial risk assessment instrument
780	780	required by Article 17.027, Code of Criminal Procedure, as added by
781	781	this Act.
782	782	SECTION 32. The change in law made by this Act applies only
783	783	to a person who is arrested on or after November 1, 2018. A person
784	784	arrested before November 1, 2018, is governed by the law in effect
785	785	on the date the person was arrested, and the former law is continued
786	786	in effect for that purpose.
787	787	SECTION 33. (a) Except as provided by Subsection (b) of
788	788	this section, this Act takes effect September 1, 2017.
789	789	(b) Section 1 of this Act takes effect December 1, 2017, but
790	790	only if the constitutional amendment proposed by the 85th
791	791	Legislature, Regular Session, 2017, is approved by the voters to
792	792	authorize the denial of pretrial release of a person accused of a
793	793	noncapital offense if necessary to ensure the person's appearance
794	794	in court and the safety of the community and the victim of the
795	795	alleged offense. If that amendment is not approved by the voters,
796	796	Section 1 of this Act has no effect.