Texas 2017 - 85th Regular

Texas House Bill HB3738 Compare Versions

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

Old	New	Differences
1	1	By: Murr H.B. No. 3738
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the pretrial release of a defendant.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Article 1.07, Code of Criminal Procedure, is
9	9	amended to read as follows:
10	10	Art. 1.07. RIGHT TO PRETRIAL RELEASE [BAIL]. (a) Except as
11	11	provided by Subsection (b) or Chapter 17, any person [All
12	12	prisoners] shall be eligible for pretrial release, whether on a
13	13	bail bond or a personal bond, [bailable] unless the person is
14	14	accused of a [for] capital offense for which [offenses when] the
15	15	proof is evident. This provision shall not be [so] construed [as] to
16	16	prevent pretrial release [bail] after indictment found upon
17	17	examination of the evidence, in such manner as may be prescribed by
18	18	law.
19	19	(b) A person may be denied pretrial release if a judge or
20	20	magistrate determines by clear and convincing evidence that
21	21	requiring bail and conditions of pretrial release are insufficient
22	22	to reasonably ensure:
23	23	(1) the person's appearance in court as required; or
24	24	(2) the safety of the community or the victim of the
25	25	alleged offense.
26	26	SECTION 2. Chapter 17, Code of Criminal Procedure, is
27	27	amended by adding Articles 17.021, 17.027, 17.028, and 17.029 to
28	28	read as follows:
29	29	Art. 17.021. DEFINITION OF "PERSONAL BOND OFFICE". (a) A
30	30	"personal bond office" means an office established under Article
31	31	17.42 to:
32	32	(1) gather and review any information that may have a
33	33	bearing on whether a defendant charged with an offense will comply
34	34	with the conditions of a personal bond; and
35	35	(2) report any findings to the court before which the
36	36	defendant's case is pending.
37	37	(b) The term "personal bond office" includes a pretrial
38	38	services office or a pretrial release office.
39	39	Art. 17.027. PRETRIAL RISK ASSESSMENT. (a) The district
40	40	judges with criminal jurisdiction in each judicial district shall
41	41	adopt an instrument to be used in conducting a pretrial risk
42	42	assessment of a defendant charged with an offense in that district.
43	43	The instrument adopted must be the automated pretrial risk
44	44	assessment system developed under Section 72.032, Government Code,
45	45	or another instrument that is:
46	46	(1) objective, validated for its intended use, and
47	47	standardized; and
48	48	(2) based on an analysis of empirical data and risk
49	49	factors relevant to the risk of:
50	50	(A) a defendant failing to appear in court as
51	51	required; and
52	52	(B) danger to the community or the victim of the
53	53	alleged offense as a result of the defendant's pretrial release.
54	54	(b) A magistrate considering the release on bail of a
55	55	defendant charged with an offense punishable as a Class B
56	56	misdemeanor or any higher category of offense shall order that:
57	57	(1) the personal bond office for the county in which
58	58	the defendant is being detained, or other suitable person, use the
59	59	instrument adopted under Subsection (a) to conduct a pretrial risk
60	60	assessment with respect to the defendant; and
61	61	(2) the results of the assessment be provided to the
62	62	magistrate without unnecessary delay to ensure that the magistrate
63	63	is able to make a pretrial release decision under Article 17.028
64	64	within the period required by Subsection (a) of that article.
65	65	(c) The magistrate must consider the results of the pretrial
66	66	risk assessment before making a pretrial release decision under
67	67	Article 17.028.
68	68	Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without
69	69	unnecessary delay but not later than 48 hours after a defendant is
70	70	arrested, a magistrate shall order, after considering all
71	71	circumstances, the results of the pretrial risk assessment
72	72	conducted under Article 17.027, and any credible information
73	73	provided by the defendant or the attorney representing the state,
74	74	that the defendant be:
75	75	(1) released on personal bond without conditions;
76	76	(2) released on personal bond with any condition the
77	77	magistrate determines necessary;
78	78	(3) released on a monetary bail bond without
79	79	conditions;
80	80	(4) released on a monetary bail bond with any
81	81	condition the magistrate determines necessary; or
82	82	(5) denied pretrial release in accordance with this
83	83	chapter.
84	84	(b) A magistrate may release a defendant arrested pursuant
85	85	to a warrant that was issued in a county other than the county in
86	86	which the defendant was arrested if the magistrate would have had
87	87	jurisdiction over the matter had the warrant been issued in the
88	88	county of arrest. If applicable, the magistrate shall forward a
89	89	copy of the pretrial release order to a personal bond office in the
90	90	county in which the arrest warrant was issued.
91	91	(c) In making a decision under this article, the magistrate
92	92	shall impose, as applicable, the least restrictive conditions and
93	93	the minimum amount or type of bail necessary to reasonably ensure
94	94	the defendant's appearance in court as required and the safety of
95	95	the community and the victim of the alleged offense.
96	96	(d) A magistrate may not require a defendant to provide a
97	97	monetary bail bond for the sole purpose of preventing the
98	98	defendant's pretrial release.
99	99	(e) A magistrate who denies a defendant's pretrial release
100	100	shall inform the defendant that the defendant is entitled to a
101	101	pretrial detention hearing under Article 17.035 and, as soon as
102	102	practicable but not later than 24 hours after denying the release,
103	103	issue a written order of denial that includes findings of fact and a
104	104	statement of the magistrate's reasons for denying the release.
105	105	(f) Any costs related to a condition of a defendant's
106	106	pretrial release shall be assessed as court costs or ordered paid
107	107	directly by a defendant as a condition of release, unless the
108	108	magistrate determines that the defendant is indigent or
109	109	demonstrates an inability to pay.
110	110	(g) A judge may not adopt a bail schedule or enter a standing
111	111	order related to bail that:
112	112	(1) is inconsistent with this article; or
113	113	(2) authorizes a magistrate or other officer to make a
114	114	pretrial release decision for a defendant without considering the
115	115	results of the defendant's pretrial risk assessment.
116	116	Art. 17.029. DEFENDANT APPEARING IN RESPONSE TO CITATION.
117	117	A defendant who appears before a magistrate as ordered by citation
118	118	may not be temporarily detained for purposes of conducting a
119	119	pretrial risk assessment or for a magistrate to issue a pretrial
120	120	release decision. The magistrate, after performing the duties
121	121	imposed by Article 15.17, shall release the defendant on personal
122	122	bond, unless the defendant is lawfully detained on another matter.
123	123	SECTION 3. Articles 17.032(a), (b), (c), and (d), Code of
124	124	Criminal Procedure, are amended to read as follows:
125	125	(a) In this article, "violent offense" means an offense
126	126	under the following sections of the Penal Code:
127	127	(1) Section 19.02 (murder);
128	128	(2) Section 19.03 (capital murder);
129	129	(3) Section 20.03 (kidnapping);
130	130	(4) Section 20.04 (aggravated kidnapping);
131	131	(5) Section 21.11 (indecency with a child);
132	132	(6) Section 22.01(a)(1) (assault), if the offense
133	133	involves family violence as defined by Section 71.004, Family Code;
134	134	(7) Section 22.011 (sexual assault);
135	135	(8) Section 22.02 (aggravated assault);
136	136	(9) Section 22.021 (aggravated sexual assault);
137	137	(10) Section 22.04 (injury to a child, elderly
138	138	individual, or disabled individual);
139	139	(11) Section 29.03 (aggravated robbery);
140	140	(12) Section 21.02 (continuous sexual abuse of young
141	141	child or children); or
142	142	(13) Section 20A.03 (continuous trafficking of
143	143	persons).
144	144	(b) Notwithstanding a bail schedule or any standing order
145	145	entered by a judge, a [A] magistrate shall release a defendant on
146	146	personal bond unless good cause is shown otherwise if [the]:
147	147	(1) the defendant is not charged with and has not been
148	148	previously convicted of a violent offense;
149	149	(2) the defendant is examined by the local mental
150	150	health [or mental retardation] authority, local intellectual and
151	151	developmental disability authority, or another mental health or
152	152	intellectual disability expert under Article 16.22 [of this code];
153	153	(3) the applicable expert, in a written assessment
154	154	submitted to the magistrate under Article 16.22,[:
155	155	[(A)] concludes that the defendant:
156	156	(A) has a mental illness or is a person with an
157	157	intellectual disability; [mental retardation] and
158	158	(B) requires treatment that is not available in
159	159	the jail [is nonetheless competent to stand trial]; [and
160	160	[(B) recommends mental health treatment for the
161	161	defendant; and]
162	162	(4) the magistrate determines, in consultation with
163	163	the local mental health [or mental retardation] authority or local
164	164	intellectual and developmental disability authority, that
165	165	appropriate community-based mental health or intellectual
166	166	disability [mental retardation] services for the defendant are
167	167	available in accordance with [through the Texas Department of
168	168	Mental Health and Mental Retardation under] Section 534.053 or
169	169	534.103, Health and Safety Code, or through a [another] mental
170	170	health or intellectual disability [mental retardation] services
171	171	provider as otherwise permitted by law; and
172	172	(5) the magistrate finds, after considering all the
173	173	circumstances, the results of the pretrial risk assessment
174	174	conducted under Article 17.027, and any other credible information
175	175	provided by the defendant or the attorney representing the state,
176	176	that release on personal bond would reasonably ensure the
177	177	defendant's appearance in court as required and the safety of the
178	178	community and the victim of the alleged offense.
179	179	(c) The magistrate, unless good cause is shown for not
180	180	requiring treatment, shall require as a condition of release [on
181	181	personal bond] under this article that the defendant submit to
182	182	outpatient or inpatient mental health or intellectual disability
183	183	[mental retardation] treatment as recommended by the local mental
184	184	health [or mental retardation] authority, local intellectual and
185	185	developmental disability authority, or another qualified mental
186	186	health or intellectual disability expert if the defendant's:
187	187	(1) mental illness or intellectual disability [mental
188	188	retardation] is chronic in nature; or
189	189	(2) ability to function independently will continue to
190	190	deteriorate if the defendant is not treated.
191	191	(d) In addition to a condition of release imposed under
192	192	Subsection (c) of this article, the magistrate may require the
193	193	defendant to comply with other conditions that are reasonably
194	194	necessary to ensure the defendant's appearance in court as required
195	195	and the safety of [protect] the community and the victim of the
196	196	alleged offense.
197	197	SECTION 4. Chapter 17, Code of Criminal Procedure, is
198	198	amended by adding Articles 17.034, 17.035, 17.036, 17.037, and
199	199	17.038 to read as follows:
200	200	Art. 17.034. RELEASE OF DEFENDANT ARRESTED FOR FAILURE TO
201	201	APPEAR. A magistrate shall release on personal bond a defendant
202	202	arrested on a warrant issued for the defendant's failure to appear
203	203	as ordered if the defendant shows good cause for the failure to
204	204	appear. If good cause is not shown, a magistrate may release the
205	205	defendant in accordance with Article 17.028. If the magistrate
206	206	releases the defendant on a monetary bail bond, the magistrate must
207	207	set the amount of bail at the minimum amount that the magistrate
208	208	determines is necessary to reasonably ensure the defendant's
209	209	appearance in court as required and the safety of the community and
210	210	the victim of the alleged offense.
211	211	Art. 17.035. PRETRIAL DETENTION HEARING REQUIRED. (a) As
212	212	soon as practicable after a defendant's pretrial release is denied
213	213	under Article 17.028, but not later than the 10th day after the date
214	214	the magistrate issues the written order denying the release, the
215	215	court in which the defendant's case is pending shall conduct a
216	216	hearing regarding whether to detain the defendant pending the trial
217	217	of the offense.
218	218	(b) A defendant may voluntarily and intelligently waive in
219	219	writing the defendant's right to a pretrial detention hearing. The
220	220	court or the attorney representing the state may not direct or
221	221	encourage the defendant to waive the defendant's right to a
222	222	pretrial detention hearing. A waiver under this subsection shall be
223	223	filed with and become part of the record of the proceedings. A
224	224	waiver obtained in violation of this subsection is presumed
225	225	invalid. A defendant may withdraw a waiver under this subsection at
226	226	any time.
227	227	(c) The attorney representing the state must establish
228	228	probable cause that the defendant committed the offense for which
229	229	the defendant is being detained. The attorney representing the
230	230	state may satisfy the requirement of this subsection by providing
231	231	to the court an information or indictment for the offense.
232	232	(d) In each criminal case, there is a rebuttable presumption
233	233	that monetary bail, conditions of release, or both monetary bail
234	234	and conditions of release are sufficient to reasonably ensure the
235	235	defendant's appearance in court as required and the safety of the
236	236	community and the victim of the alleged offense. For purposes of
237	237	rebutting the presumption established by this subsection, the court
238	238	may consider the results of the defendant's pretrial risk
239	239	assessment and any other information presented during the hearing.
240	240	(e) A defendant is entitled to be represented by counsel at
241	241	a pretrial detention hearing, and an indigent defendant is entitled
242	242	to have counsel appointed to represent the defendant for that
243	243	purpose.
244	244	(f) The defendant may present any relevant information at
245	245	the pretrial detention hearing, including by testifying,
246	246	presenting witnesses, and cross-examining witnesses presented by
247	247	the attorney representing the state.
248	248	(g) The rules of evidence applicable to criminal trials do
249	249	not apply to a pretrial detention hearing. The defendant or the
250	250	attorney representing the state may request a proffer of a
251	251	witness's testimony before the witness is presented.
252	252	(h) A defendant may not use a pretrial detention hearing to:
253	253	(1) seek discovery or conduct an examining trial; or
254	254	(2) harass a victim of or witness to the alleged
255	255	offense.
256	256	(i) At any time during the period occurring after the
257	257	pretrial detention hearing concludes and before the trial of the
258	258	offense commences, and regardless of whether the defendant was
259	259	released or confined as a result of that hearing, the court may
260	260	reopen the pretrial detention hearing based on new information that
261	261	the court determines is material to the issue of whether monetary
262	262	bail or conditions of release will reasonably ensure the
263	263	defendant's appearance in court as required and the safety of the
264	264	community and the victim of the alleged offense.
265	265	Art. 17.036. PRETRIAL DETENTION HEARING: FINDING AND ORDER.
266	266	(a) In a pretrial detention hearing, the court shall consider:
267	267	(1) the nature and circumstances of the offense
268	268	charged;
269	269	(2) the weight of the evidence against the defendant,
270	270	including whether the evidence is likely to be admissible in the
271	271	trial of the offense;
272	272	(3) the history and characteristics of the defendant,
273	273	including:
274	274	(A) the defendant's character, physical and
275	275	mental condition, family ties, employment, financial resources,
276	276	length of residence in and other ties to the community, past conduct
277	277	including criminal history, history relating to drug or alcohol
278	278	abuse, and history of attendance at court proceedings; and
279	279	(B) whether, at the time of the offense, the
280	280	defendant was on community supervision, parole, or mandatory
281	281	supervision or was otherwise released pending trial, sentencing, or
282	282	appeal for any offense, including an offense under federal law or
283	283	the law of another state;
284	284	(4) the nature and seriousness of the danger to the
285	285	community or the victim of the alleged offense as a result of the
286	286	defendant's pretrial release, if applicable;
287	287	(5) the nature and seriousness of the risk of
288	288	obstruction to the criminal justice process as a result of the
289	289	defendant's pretrial release, if applicable;
290	290	(6) the results of the defendant's pretrial risk
291	291	assessment; and
292	292	(7) any other relevant information.
293	293	(b) The judge shall order the defendant to be released in
294	294	accordance with Article 17.028 unless the judge finds by clear and
295	295	convincing evidence that monetary bail and conditions of release
296	296	are insufficient to reasonably ensure the defendant's appearance in
297	297	court as required or the safety of the community or the victim of
298	298	the alleged offense. If the judge makes the finding described by
299	299	this subsection, the judge shall:
300	300	(1) order that the defendant be detained in jail
301	301	pending trial; and
302	302	(2) issue a written order that includes findings of
303	303	fact and a statement of the judge's reasons for ordering the
304	304	pretrial detention.
305	305	Art. 17.037. PRETRIAL DETENTION HEARING: CONTINUANCE. A
306	306	defendant may request a continuance of a pretrial detention
307	307	hearing. Except for good cause shown, the court may not, based on a
308	308	defendant's request, authorize a continuance for more than five
309	309	days, excluding weekends and legal holidays. The attorney
310	310	representing the state may not request a continuance of a pretrial
311	311	detention hearing.
312	312	Art. 17.038. PRETRIAL DETENTION HEARING: APPEAL. A
313	313	defendant is entitled to appeal an order requiring that the
314	314	defendant be detained in jail pending trial. The defendant shall be
315	315	detained in jail pending the appeal. The court of criminal appeals
316	316	shall adopt rules accelerating the disposition by the appellate
317	317	court and the court of criminal appeals of an appeal under this
318	318	article.
319	319	SECTION 5. Section 3, Article 17.09, Code of Criminal
320	320	Procedure, is amended to read as follows:
321	321	Sec. 3. (a) Provided that whenever, during the course of
322	322	the action, the judge or magistrate in whose court the [such] action
323	323	is pending or a judge of a court in the county with jurisdiction
324	324	over the action finds that the bond is defective, excessive or
325	325	insufficient in amount, or that the sureties, if any, are not
326	326	acceptable, or for any other good and sufficient cause, the [such]
327	327	judge or magistrate may, either in term-time or in vacation, order
328	328	the defendant [accused] to be rearrested, and require the defendant
329	329	[accused] to give another bond in accordance with this chapter in an
330	330	[such] amount or under any conditions [as] the judge or magistrate
331	331	considers [may deem] proper. When the [such] bond is [so] given and
332	332	approved, the defendant shall be released from custody. At any time
333	333	before trial of the offense for which the defendant is released on
334	334	bail, the attorney representing the state may, for any good and
335	335	sufficient cause, file a motion to declare the bond defective or
336	336	insufficient.
337	337	(b) The judge or magistrate may order the defendant to be
338	338	rearrested and require the defendant to give another bond in a
339	339	higher amount only after providing notice to each party to the
340	340	action and, on request of a party, an opportunity for a hearing.
341	341	SECTION 6. Chapter 17, Code of Criminal Procedure, is
342	342	amended by adding Articles 17.142 and 17.1511 to read as follows:
343	343	Art. 17.142. APPLICATION FOR BAIL REDUCTION. A defendant
344	344	who is unable to give bail in the amount ordered under this chapter
345	345	may submit an application for a bail reduction to the judge in whose
346	346	court the action is pending or a judge of a court in the county with
347	347	jurisdiction over the action. The judge shall promptly hold a
348	348	hearing regarding the application.
349	349	Art. 17.1511. RELEASE OF DEFENDANT DETAINED LONGER THAN
350	350	POTENTIAL PUNISHMENT. Notwithstanding any other law, a defendant
351	351	may not be detained in jail pending trial for a cumulative period
352	352	that exceeds the maximum term of confinement that may be imposed on
353	353	conviction of the offense of which the defendant is accused.
354	354	SECTION 7. Article 17.20, Code of Criminal Procedure, is
355	355	amended to read as follows:
356	356	Art. 17.20. BAIL IN MISDEMEANOR. Notwithstanding a bail
357	357	schedule or any standing order entered by a judge, in [In] cases of
358	358	misdemeanor when the defendant is in the custody of the officer or
359	359	jailer, the sheriff or other peace officer[,] or a jailer licensed
360	360	under Chapter 1701, Occupations Code, after considering the results
361	361	of the defendant's pretrial risk assessment, may, whether during
362	362	the term of the court or in vacation, [where the officer has a
363	363	defendant in custody,] take [of] the bail of the defendant in
364	364	accordance with Article 17.028 [a bail bond].
365	365	SECTION 8. Article 17.21, Code of Criminal Procedure, is
366	366	amended to read as follows:
367	367	Art. 17.21. BAIL IN FELONY. (a) Notwithstanding a bail
368	368	schedule or any standing order entered by a judge, in [In] cases of
369	369	felony, when the defendant [accused] is in the custody of a [the]
370	370	sheriff or other peace officer or a jailer licensed under Chapter
371	371	1701, Occupations Code, and the court before which the prosecution
372	372	is pending is in session in the county where the defendant [accused]
373	373	is in custody, the court shall make a pretrial release decision in
374	374	accordance with Article 17.028. After approving the bail, the [fix
375	375	the amount of bail, if it is a bailable case and determine if the
376	376	accused is eligible for a personal bond; and the sheriff or other
377	377	peace] officer[, unless it be the police of a city,] or [a] jailer
378	378	may [licensed under Chapter 1701, Occupations Code, is authorized
379	379	to] take the [a] bail [bond] of the defendant [accused in the
380	380	amount] as ordered [fixed] by the court. On taking the bail, the[,
381	381	to be approved by such] officer or jailer shall [taking the same,
382	382	and will thereupon] discharge the defendant [accused] from custody.
383	383	(b) The defendant and the defendant's sureties are not
384	384	required to appear in court.
385	385	(c) This article does not apply to a peace officer employed
386	386	by a municipality.
387	387	SECTION 9. Article 17.22, Code of Criminal Procedure, is
388	388	amended to read as follows:
389	389	Art. 17.22. MAY TAKE BAIL IN FELONY. In a felony case, if
390	390	the court before which the case [same] is pending is not in session
391	391	in the county where the defendant is in custody, the sheriff or
392	392	other peace officer[,] or a jailer licensed under Chapter 1701,
393	393	Occupations Code, who has the defendant in custody:
394	394	(1) may take the defendant's bail if bail has [bond in
395	395	such amount as may have] been ordered [fixed] by the court or
396	396	magistrate under Article 17.028;[,] or
397	397	(2) notwithstanding a bail schedule or any standing
398	398	order entered by a judge, may, after considering the results of the
399	399	defendant's pretrial risk assessment, take the defendant's bail in
400	400	accordance with Article 17.028 if bail [no amount] has not been
401	401	ordered [fixed, then in such amount as such officer may consider
402	402	reasonable].
403	403	SECTION 10. Chapter 17, Code of Criminal Procedure, is
404	404	amended by adding Article 17.251 to read as follows:
405	405	Art. 17.251. NOTIFICATION OF CONDITIONS OF RELEASE. (a) A
406	406	magistrate authorizing a defendant's release on bail shall, if
407	407	applicable, provide written notice to the defendant of:
408	408	(1) the conditions of the defendant's release; and
409	409	(2) the penalties of violating a condition of release,
410	410	including the defendant's arrest.
411	411	(b) The notice under Subsection (a) must be provided in a
412	412	manner that is sufficiently clear and specific to serve as a guide
413	413	for the defendant's conduct while released.
414	414	SECTION 11. Articles 17.41(b) and (c), Code of Criminal
415	415	Procedure, are amended to read as follows:
416	416	(b) Subject to Subsections (c) and (d), a magistrate shall
417	417	require as a condition of release [bond] for a defendant charged
418	418	with an offense described by Subsection (a) that the defendant not:
419	419	(1) directly communicate with the alleged victim of
420	420	the offense; or
421	421	(2) go near a residence, school, or other location, as
422	422	specifically described in the bond, frequented by the alleged
423	423	victim.
424	424	(c) A magistrate who imposes a condition of release [bond]
425	425	under this article may grant the defendant supervised access to the
426	426	alleged victim.
427	427	SECTION 12. Section 1, Article 17.42, Code of Criminal
428	428	Procedure, is amended to read as follows:
429	429	Sec. 1. Any county, or any judicial district with
430	430	jurisdiction in more than one county, with the approval of the
431	431	commissioners court of each county in the district, may establish a
432	432	personal bond office [to gather and review information about an
433	433	accused that may have a bearing on whether he will comply with the
434	434	conditions of a personal bond and report its findings to the court
435	435	before which the case is pending].
436	436	SECTION 13. Section 4, Article 17.42, Code of Criminal
437	437	Procedure, is amended by amending Subsection (a) and adding
438	438	Subsection (a-1) to read as follows:
439	439	(a) If a court releases a defendant [an accused] on personal
440	440	bond on the recommendation of a personal bond office, the court
441	441	shall assess a personal bond fee of $20 or three percent of the
442	442	amount of the bail fixed for the accused, whichever is greater. The
443	443	court may waive the fee or assess a lesser fee if the court
444	444	determines that the defendant is indigent or demonstrates an
445	445	inability to pay or if other good cause is shown. The court or
446	446	jailer may not refuse to release a defendant solely because the
447	447	defendant is unable to pay the fee if the court determines that the
448	448	defendant is indigent or demonstrates an inability to pay the fee.
449	449	(a-1) The court may require that any fee assessed under
450	450	Subsection (a) be paid:
451	451	(1) before the defendant is released;
452	452	(2) as a condition of release; or
453	453	(3) as court costs.
454	454	SECTION 14. Sections 5(a) and (b), Article 17.42, Code of
455	455	Criminal Procedure, are amended to read as follows:
456	456	(a) A personal bond [pretrial release] office established
457	457	under this article shall:
458	458	(1) prepare a record containing information about any
459	459	defendant [accused person] identified by case number only who,
460	460	after review by the office, is released by a court on personal bond;
461	461	(2) update the record on a monthly basis; and
462	462	(3) file a copy of the record with the district or
463	463	county clerk, as applicable based on court jurisdiction over the
464	464	categories of offenses addressed in the records, in any county
465	465	served by the office.
466	466	(b) In preparing a record under Subsection (a), the office
467	467	shall include in the record a statement of:
468	468	(1) the offense with which the defendant [person] is
469	469	charged;
470	470	(2) the dates of any court appearances scheduled in
471	471	the matter that were previously unattended by the defendant
472	472	[person];
473	473	(3) whether a summons or a warrant of arrest has been
474	474	issued as a result of [for] the defendant's [person's arrest for]
475	475	failure to appear in accordance with the terms of [the person's]
476	476	release;
477	477	(4) whether the defendant [person] has failed to
478	478	comply with conditions of release [on personal bond]; and
479	479	(5) the presiding judge or magistrate who authorized
480	480	the personal bond.
481	481	SECTION 15. Section 6(b), Article 17.42, Code of Criminal
482	482	Procedure, is amended to read as follows:
483	483	(b) In preparing an annual report under Subsection (a), the
484	484	office shall include in the report a statement of:
485	485	(1) the office's operating budget;
486	486	(2) the number of positions maintained for office
487	487	staff;
488	488	(3) the number of defendants [accused persons] who,
489	489	after review by the office, were released by a court on personal
490	490	bond; and
491	491	(4) the number of defendants [persons] described by
492	492	Subdivision (3):
493	493	(A) who were convicted of the same offense or of
494	494	any felony within the six years preceding the date on which charges
495	495	were filed in the matter pending during the defendant's [person's]
496	496	release;
497	497	(B) who failed to attend a scheduled court
498	498	appearance;
499	499	(C) for whom a summons or a warrant of arrest was
500	500	issued as a result of [for] the defendant's [person's arrest for]
501	501	failure to appear in accordance with the terms of [the person's]
502	502	release; or
503	503	(D) who were arrested for any other offense while
504	504	on the personal bond.
505	505	SECTION 16. Article 17.43, Code of Criminal Procedure, is
506	506	amended to read as follows:
507	507	Art. 17.43. HOME CURFEW AND ELECTRONIC MONITORING AS
508	508	CONDITION. (a) A magistrate may require as a condition of release
509	509	[on personal bond] that the defendant submit to home curfew and
510	510	electronic monitoring under the supervision of an agency designated
511	511	by the magistrate.
512	512	(b) Cost of monitoring may be assessed as court costs or
513	513	ordered paid directly by the defendant as a condition of release
514	514	[bond].
515	515	SECTION 17. The heading to Article 17.44, Code of Criminal
516	516	Procedure, is amended to read as follows:
517	517	Art. 17.44. HOME CONFINEMENT, ELECTRONIC MONITORING,
518	518	ALCOHOL OR [AND] DRUG TESTING, OR TREATMENT AS CONDITION.
519	519	SECTION 18. Article 17.44, Code of Criminal Procedure, is
520	520	amended by amending Subsections (a), (c), and (e) and adding
521	521	Subsections (a-1) and (a-2) to read as follows:
522	522	(a) A magistrate may require as a condition of release [on
523	523	bond] that the defendant submit to [:
524	524	[(1)] home confinement and electronic monitoring
525	525	under the supervision of an agency designated by the magistrate.
526	526	(a-1) On reasonable belief that a defendant is under the
527	527	influence of alcohol or a controlled substance or on the finding
528	528	that alcohol or a controlled substance related to the offense for
529	529	which the defendant is charged, a magistrate may, if the magistrate
530	530	determines that the condition will serve to reasonably ensure the
531	531	defendant's appearance in court as required or the safety of the
532	532	community or the victim of the alleged offense, require as a
533	533	condition of release that the defendant:
534	534	(1) submit to testing for alcohol or a controlled
535	535	substance in the defendant's body; or
536	536	(2) participate in an alcohol or drug abuse treatment
537	537	or education program.
538	538	(a-2) The attorney representing the state may not use the
539	539	results of any test conducted under this chapter in a criminal
540	540	proceeding arising out of the offense for which the defendant is
541	541	charged [; or
542	542	[(2) testing on a weekly basis for the presence of a
543	543	controlled substance in the defendant's body].
544	544	(c) The magistrate may revoke the bond and order the
545	545	defendant arrested if the defendant:
546	546	(1) violates a condition of home confinement and
547	547	electronic monitoring;
548	548	(2) refuses to:
549	549	(A) submit to a test for alcohol or controlled
550	550	substances; or
551	551	(B) participate in an alcohol or drug abuse
552	552	treatment or education program;
553	553	(3) submits to a test for alcohol or controlled
554	554	substances and the test indicates the presence of alcohol or a
555	555	controlled substance in the defendant's body; or
556	556	(4) [(3)] fails to pay the costs of monitoring, [or]
557	557	testing for alcohol or controlled substances, or participating in a
558	558	treatment or education program, if payment is ordered under
559	559	Subsection (e) as a condition of release [bond] and the magistrate
560	560	determines that the defendant is not indigent and is financially
561	561	able to make the payments as ordered.
562	562	(e) The cost of electronic monitoring, [or] testing for
563	563	alcohol or controlled substances, or participating in a treatment
564	564	or education program under this article may be assessed as court
565	565	costs or ordered paid directly by the defendant as a condition of
566	566	release [bond]. A magistrate may reduce or waive a cost described by
567	567	this subsection if the magistrate determines that the defendant is
568	568	indigent or demonstrates an inability to pay.
569	569	SECTION 19. Article 17.441(a), Code of Criminal Procedure,
570	570	is amended to read as follows:
571	571	(a) Except as provided by Subsection (b), a magistrate shall
572	572	require as a condition of [on] release that a defendant charged with
573	573	a subsequent offense under Sections 49.04-49.06, Penal Code, or an
574	574	offense under Section 49.07 or 49.08 of that code:
575	575	(1) have installed on the motor vehicle owned by the
576	576	defendant or on the vehicle most regularly driven by the defendant,
577	577	a device that uses a deep-lung breath analysis mechanism to make
578	578	impractical the operation of a motor vehicle if ethyl alcohol is
579	579	detected in the breath of the operator; and
580	580	(2) not operate any motor vehicle unless the vehicle
581	581	is equipped with that device.
582	582	SECTION 20. Article 17.45, Code of Criminal Procedure, is
583	583	amended to read as follows:
584	584	Art. 17.45. CONDITIONS REQUIRING AIDS AND HIV INSTRUCTION.
585	585	A magistrate may require as a condition of release [bond] that a
586	586	defendant charged with an offense under Section 43.02, Penal Code,
587	587	receive counseling or education, or both, relating to acquired
588	588	immune deficiency syndrome or human immunodeficiency virus.
589	589	SECTION 21. Article 17.46, Code of Criminal Procedure, is
590	590	amended to read as follows:
591	591	Art. 17.46. CONDITIONS FOR A DEFENDANT CHARGED WITH
592	592	STALKING. (a) A magistrate may require as a condition of release
593	593	[on bond] that a defendant charged with an offense under Section
594	594	42.072, Penal Code, may not:
595	595	(1) communicate directly or indirectly with the
596	596	victim; or
597	597	(2) go to or near the residence, place of employment,
598	598	or business of the victim or to or near a school, day-care facility,
599	599	or similar facility where a dependent child of the victim is in
600	600	attendance.
601	601	(b) If the magistrate requires the prohibition contained in
602	602	Subsection (a)(2) of this article as a condition of release [on
603	603	bond], the magistrate shall specifically describe the prohibited
604	604	locations and the minimum distances, if any, that the defendant
605	605	must maintain from the locations.
606	606	SECTION 22. Article 17.47, Code of Criminal Procedure, is
607	607	amended to read as follows:
608	608	Art. 17.47. CONDITIONS REQUIRING SUBMISSION OF SPECIMEN.
609	609	(a) A magistrate may require as a condition of release [on bail or
610	610	bond of a defendant] that a [the] defendant provide to a local law
611	611	enforcement agency one or more specimens for the purpose of
612	612	creating a DNA record under Subchapter G, Chapter 411, Government
613	613	Code.
614	614	(b) For [A magistrate shall require as a condition of
615	615	release on bail or bond of] a defendant described by Section
616	616	411.1471(a), Government Code, a magistrate shall require as a
617	617	condition of release that the defendant provide to a local law
618	618	enforcement agency one or more specimens for the purpose of
619	619	creating a DNA record under Subchapter G, Chapter 411, Government
620	620	Code.
621	621	SECTION 23. Articles 17.49(b), (d), (e), and (j), Code of
622	622	Criminal Procedure, are amended to read as follows:
623	623	(b) A magistrate may require as a condition of release [on
624	624	bond] that a defendant charged with an offense involving family
625	625	violence:
626	626	(1) refrain from going to or near a residence, school,
627	627	place of employment, or other location, as specifically described
628	628	in the bond, frequented by an alleged victim of the offense;
629	629	(2) carry or wear a global positioning monitoring
630	630	system device and, except as provided by Subsection (h), pay the
631	631	costs associated with operating that system in relation to the
632	632	defendant; or
633	633	(3) except as provided by Subsection (h), if the
634	634	alleged victim of the offense consents after receiving the
635	635	information described by Subsection (d), pay the costs associated
636	636	with providing the victim with an electronic receptor device that:
637	637	(A) is capable of receiving the global
638	638	positioning monitoring system information from the device carried
639	639	or worn by the defendant; and
640	640	(B) notifies the victim if the defendant is at or
641	641	near a location that the defendant has been ordered to refrain from
642	642	going to or near under Subdivision (1).
643	643	(d) Before imposing a condition described by Subsection
644	644	(b)(3), a magistrate must provide to an alleged victim information
645	645	regarding:
646	646	(1) the victim's right to participate in a global
647	647	positioning monitoring system or to refuse to participate in that
648	648	system and the procedure for requesting that the magistrate
649	649	terminate the victim's participation;
650	650	(2) the manner in which the global positioning
651	651	monitoring system technology functions and the risks and
652	652	limitations of that technology, and the extent to which the system
653	653	will track and record the victim's location and movements;
654	654	(3) any locations that the defendant is ordered to
655	655	refrain from going to or near and the minimum distances, if any,
656	656	that the defendant must maintain from those locations;
657	657	(4) any sanctions that the court may impose on the
658	658	defendant for violating a condition of release [bond] imposed under
659	659	this article;
660	660	(5) the procedure that the victim is to follow, and
661	661	support services available to assist the victim, if the defendant
662	662	violates a condition of release [bond] or if the global positioning
663	663	monitoring system equipment fails;
664	664	(6) community services available to assist the victim
665	665	in obtaining shelter, counseling, education, child care, legal
666	666	representation, and other assistance available to address the
667	667	consequences of family violence; and
668	668	(7) the fact that the victim's communications with the
669	669	court concerning the global positioning monitoring system and any
670	670	restrictions to be imposed on the defendant's movements are not
671	671	confidential.
672	672	(e) In addition to the information described by Subsection
673	673	(d), a magistrate shall provide to an alleged victim who
674	674	participates in a global positioning monitoring system under this
675	675	article the name and telephone number of an appropriate person
676	676	employed by a local law enforcement agency whom the victim may call
677	677	to request immediate assistance if the defendant violates a
678	678	condition of release [bond] imposed under this article.
679	679	(j) A magistrate that imposes a condition described by
680	680	Subsection (b)(1) or (2) shall order the entity that operates the
681	681	global positioning monitoring system to notify the court and the
682	682	appropriate local law enforcement agency if a defendant violates a
683	683	condition of release [bond] imposed under this article.
684	684	SECTION 24. Chapter 17, Code of Criminal Procedure, is
685	685	amended by adding Articles 17.50, 17.51, and 17.52 to read as
686	686	follows:
687	687	Art. 17.50. VIOLATION OF CONDITION OF RELEASE. (a) A court
688	688	may, on its own motion or on the motion of the attorney representing
689	689	the state, issue a summons or a warrant of arrest for a defendant if
690	690	there is reason to believe that the defendant has violated a
691	691	condition of release. A summons must order the defendant to appear
692	692	before the court for a hearing on the violation on the date
693	693	specified in the summons, which may not be later than the 30th day
694	694	after the date the summons is issued.
695	695	(b) An attorney representing the state may not file a motion
696	696	requesting the issuance of a summons or warrant under Subsection
697	697	(a) based solely on the defendant's alleged commission of an
698	698	offense punishable by a fine only.
699	699	Art. 17.51. HEARING ON VIOLATION OF CONDITION OF RELEASE.
700	700	(a) The court must hold a hearing on an alleged violation of a
701	701	condition of release before revoking a defendant's bail. The
702	702	hearing must be held not later than:
703	703	(1) the 10th day after the date the defendant is
704	704	arrested; or
705	705	(2) the 30th day after the date a summons is issued for
706	706	the defendant.
707	707	(b) If the court, on its own motion or on the motion of the
708	708	attorney representing the state, announces its intention to revoke
709	709	the bail of a defendant who is in custody on the underlying case,
710	710	the defendant is entitled to a hearing not later than the 10th day
711	711	after the date the court announces its intention.
712	712	(c) If a revocation hearing is held following the filing of
713	713	a motion by the attorney representing the state under Article
714	714	17.50(a), the attorney representing the state must establish by a
715	715	preponderance of the evidence that the defendant violated a
716	716	condition of release.
717	717	Art. 17.52. REVOCATION OF BAIL. (a) After a hearing under
718	718	Article 17.51, the court may revoke the defendant's bail if the
719	719	court finds:
720	720	(1) by a preponderance of the evidence that the
721	721	defendant violated a condition of release; and
722	722	(2) by clear and convincing evidence that, considering
723	723	all relevant circumstances, including the nature and seriousness of
724	724	the alleged violation, monetary bail and conditions of release are
725	725	insufficient to reasonably ensure the defendant's appearance in
726	726	court as required or the safety of the community or the victim of
727	727	the alleged offense.
728	728	(b) A court that revokes the defendant's bail shall order
729	729	that the defendant be immediately returned to custody. Once the
730	730	defendant is placed in custody, the revocation of the defendant's
731	731	bail discharges the sureties on the bail bond, if any, from any
732	732	future liability on the bond. A discharge under this subsection
733	733	from any future liability on the bail bond does not discharge any
734	734	surety from liability for previous forfeitures on the bond.
735	735	SECTION 25. Subchapter B, Chapter 22, Government Code, is
736	736	amended by adding Section 22.113 to read as follows:
737	737	Sec. 22.113. DUTIES REGARDING BAIL. The court of criminal
738	738	appeals may adopt rules as necessary to implement Chapter 17, Code
739	739	of Criminal Procedure.
740	740	SECTION 26. Section 54.737(c), Government Code, is amended
741	741	to read as follows:
742	742	(c) The rules must provide that a criminal law magistrate
743	743	judge may only release a defendant under Article 17.028(b)
744	744	[17.031], Code of Criminal Procedure, under guidelines established
745	745	by the council of judges.
746	746	SECTION 27. Subchapter C, Chapter 72, Government Code, is
747	747	amended by adding Section 72.032 to read as follows:
748	748	Sec. 72.032. AUTOMATED PRETRIAL RISK ASSESSMENT SYSTEM.
749	749	For purposes of Article 17.027, Code of Criminal Procedure, the
750	750	office shall develop an automated pretrial risk assessment system
751	751	and make the system available to judges and magistrates in this
752	752	state.
753	753	SECTION 29. The following provisions of the Code of
754	754	Criminal Procedure are repealed:
755	755	(1) Article 17.03;
756	756	(2) Article 17.031;
757	757	(3) Article 17.15;
758	758	(4) Article 17.33;
759	759	(5) Article 17.40; and
760	760	(6) Sections 5(c) and 6(c), Article 17.42.
761	761	SECTION 30. Not later than November 1, 2018, the Office of
762	762	Court Administration of the Texas Judicial System shall develop the
763	763	automated pretrial risk assessment system required by Section
764	764	72.032, Government Code, as added by this Act.
765	765	SECTION 31. Not later than November 1, 2018, each judicial
766	766	district shall adopt the pretrial risk assessment instrument
767	767	required by Article 17.027, Code of Criminal Procedure, as added by
768	768	this Act.
769	769	SECTION 32. The change in law made by this Act applies only
770	770	to a person who is arrested on or after November 1, 2018. A person
771	771	arrested before November 1, 2018, is governed by the law in effect
772	772	on the date the person was arrested, and the former law is continued
773	773	in effect for that purpose.
774	774	SECTION 33. (a) Except as provided by Subsection (b) of this
775	775	section, this Act takes effect September 1, 2017.
776	776	(b) Section 1 of this Act takes effect December 1, 2017, but
777	777	only if the constitutional amendment proposed by the 85th
778	778	Legislature, Regular Session, 2017, is approved by the voters to
779	779	authorize the denial of pretrial release of a person accused of a
780	780	noncapital offense if necessary to ensure the person's appearance
781	781	in court and the safety of the community and the victim of the
782	782	alleged offense. If that amendment is not approved by the voters,
783	783	Section 1 of this Act has no effect.