85R4848 MAW-D
By: Wu H.B. No. 686
A BILL TO BE ENTITLED
AN ACT
relating to bail release decisions in criminal cases and the
payment of certain costs by a defendant released on bail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.03, Code of Criminal Procedure, is
amended by adding Subsection (e-1) to read as follows:
(e-1) A magistrate may not require a defendant who is
indigent to pay the cost of testing for alcohol or controlled
substances required under this article.
SECTION 2. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.145 to read as follows:
Art. 17.145. BAIL RELEASE POLICY. (a) The district judges
with criminal jurisdiction in each judicial district shall adopt a
policy establishing recommended bail release decisions for any
misdemeanor or felony offense pending in that district. A policy
must:
(1) be evidence-based;
(2) make a recommendation regarding a defendant's
release on bail for each offense according to the following
categories:
(A) release on a personal bond without
conditions;
(B) release on a personal bond with conditions;
(C) release on a bail bond without conditions;
(D) release on a bail bond with conditions; or
(E) denial of release on bail; and
(3) include recommended bail amounts, as applicable.
(b) A court, judge, magistrate, or officer may not use a
bail schedule in setting bail unless the schedule is part of a
policy adopted under this article.
SECTION 3. Article 17.43, Code of Criminal Procedure, is
amended by adding Subsection (c) to read as follows:
(c) A magistrate may not require a defendant who is indigent
to pay the cost of electronic monitoring required under this
article.
SECTION 4. Article 17.44, Code of Criminal Procedure, is
amended by adding Subsection (f) to read as follows:
(f) A magistrate may not require a defendant who is indigent
to pay the cost of electronic monitoring or testing for controlled
substances required under this article.
SECTION 5. Article 17.441, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) A magistrate may not require a defendant who is indigent
to pay the cost of installing or monitoring a device required under
this article.
SECTION 6. Article 17.49(h), Code of Criminal Procedure, is
amended to read as follows:
(h) If the magistrate determines that a defendant is
indigent, the magistrate may not [, based on a sliding scale
established by local rule,] require the defendant to pay the costs
under Subsection (b)(2) or (3) [in an amount that is less than the
full amount of the costs associated with operating the global
positioning monitoring system in relation to the defendant or
providing the victim with an electronic receptor device].
SECTION 7. Subchapter B, Chapter 22, Government Code, is
amended by adding Section 22.113 to read as follows:
Sec. 22.113. DUTIES REGARDING BAIL RELEASE. (a) The court
of criminal appeals shall require each judicial district to collect
and report information to the court regarding the pretrial release
of defendants in the district. The court of criminal appeals shall
specify the information to be collected and the frequency of
reporting.
(b) The court of criminal appeals may adopt rules as
necessary to implement this section and Article 17.145, Code of
Criminal Procedure.
SECTION 8. Article 17.49(i), Code of Criminal Procedure, is
repealed.
SECTION 9. Not later than January 1, 2020, each judicial
district shall:
(1) adopt the policy required by Article 17.145, Code
of Criminal Procedure, as added by this Act; and
(2) submit a report to the court of criminal appeals
that includes:
(A) the policy adopted by the district; and
(B) a description of the factors considered by
the district in adopting the policy.
SECTION 10. This Act takes effect September 1, 2017.