| 1 | 1 | | 85R4848 MAW-D |
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| 2 | 2 | | By: Wu H.B. No. 686 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to bail release decisions in criminal cases and the |
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| 8 | 8 | | payment of certain costs by a defendant released on bail. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 17.03, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Subsection (e-1) to read as follows: |
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| 12 | 12 | | (e-1) A magistrate may not require a defendant who is |
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| 13 | 13 | | indigent to pay the cost of testing for alcohol or controlled |
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| 14 | 14 | | substances required under this article. |
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| 15 | 15 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 16 | 16 | | amended by adding Article 17.145 to read as follows: |
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| 17 | 17 | | Art. 17.145. BAIL RELEASE POLICY. (a) The district judges |
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| 18 | 18 | | with criminal jurisdiction in each judicial district shall adopt a |
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| 19 | 19 | | policy establishing recommended bail release decisions for any |
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| 20 | 20 | | misdemeanor or felony offense pending in that district. A policy |
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| 21 | 21 | | must: |
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| 22 | 22 | | (1) be evidence-based; |
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| 23 | 23 | | (2) make a recommendation regarding a defendant's |
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| 24 | 24 | | release on bail for each offense according to the following |
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| 25 | 25 | | categories: |
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| 26 | 26 | | (A) release on a personal bond without |
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| 27 | 27 | | conditions; |
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| 28 | 28 | | (B) release on a personal bond with conditions; |
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| 29 | 29 | | (C) release on a bail bond without conditions; |
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| 30 | 30 | | (D) release on a bail bond with conditions; or |
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| 31 | 31 | | (E) denial of release on bail; and |
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| 32 | 32 | | (3) include recommended bail amounts, as applicable. |
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| 33 | 33 | | (b) A court, judge, magistrate, or officer may not use a |
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| 34 | 34 | | bail schedule in setting bail unless the schedule is part of a |
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| 35 | 35 | | policy adopted under this article. |
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| 36 | 36 | | SECTION 3. Article 17.43, Code of Criminal Procedure, is |
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| 37 | 37 | | amended by adding Subsection (c) to read as follows: |
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| 38 | 38 | | (c) A magistrate may not require a defendant who is indigent |
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| 39 | 39 | | to pay the cost of electronic monitoring required under this |
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| 40 | 40 | | article. |
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| 41 | 41 | | SECTION 4. Article 17.44, Code of Criminal Procedure, is |
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| 42 | 42 | | amended by adding Subsection (f) to read as follows: |
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| 43 | 43 | | (f) A magistrate may not require a defendant who is indigent |
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| 44 | 44 | | to pay the cost of electronic monitoring or testing for controlled |
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| 45 | 45 | | substances required under this article. |
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| 46 | 46 | | SECTION 5. Article 17.441, Code of Criminal Procedure, is |
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| 47 | 47 | | amended by adding Subsection (e) to read as follows: |
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| 48 | 48 | | (e) A magistrate may not require a defendant who is indigent |
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| 49 | 49 | | to pay the cost of installing or monitoring a device required under |
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| 50 | 50 | | this article. |
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| 51 | 51 | | SECTION 6. Article 17.49(h), Code of Criminal Procedure, is |
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| 52 | 52 | | amended to read as follows: |
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| 53 | 53 | | (h) If the magistrate determines that a defendant is |
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| 54 | 54 | | indigent, the magistrate may not [, based on a sliding scale |
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| 55 | 55 | | established by local rule,] require the defendant to pay the costs |
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| 56 | 56 | | under Subsection (b)(2) or (3) [in an amount that is less than the |
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| 57 | 57 | | full amount of the costs associated with operating the global |
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| 58 | 58 | | positioning monitoring system in relation to the defendant or |
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| 59 | 59 | | providing the victim with an electronic receptor device]. |
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| 60 | 60 | | SECTION 7. Subchapter B, Chapter 22, Government Code, is |
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| 61 | 61 | | amended by adding Section 22.113 to read as follows: |
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| 62 | 62 | | Sec. 22.113. DUTIES REGARDING BAIL RELEASE. (a) The court |
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| 63 | 63 | | of criminal appeals shall require each judicial district to collect |
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| 64 | 64 | | and report information to the court regarding the pretrial release |
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| 65 | 65 | | of defendants in the district. The court of criminal appeals shall |
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| 66 | 66 | | specify the information to be collected and the frequency of |
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| 67 | 67 | | reporting. |
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| 68 | 68 | | (b) The court of criminal appeals may adopt rules as |
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| 69 | 69 | | necessary to implement this section and Article 17.145, Code of |
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| 70 | 70 | | Criminal Procedure. |
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| 71 | 71 | | SECTION 8. Article 17.49(i), Code of Criminal Procedure, is |
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| 72 | 72 | | repealed. |
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| 73 | 73 | | SECTION 9. Not later than January 1, 2020, each judicial |
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| 74 | 74 | | district shall: |
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| 75 | 75 | | (1) adopt the policy required by Article 17.145, Code |
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| 76 | 76 | | of Criminal Procedure, as added by this Act; and |
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| 77 | 77 | | (2) submit a report to the court of criminal appeals |
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| 78 | 78 | | that includes: |
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| 79 | 79 | | (A) the policy adopted by the district; and |
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| 80 | 80 | | (B) a description of the factors considered by |
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| 81 | 81 | | the district in adopting the policy. |
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| 82 | 82 | | SECTION 10. This Act takes effect September 1, 2017. |
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