Texas 2019 - 86th Regular

Texas House Bill HB2020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R27502 ADM-F
1	2		By: Kacal, Harris H.B. No. 2020
	3	+	Substitute the following for H.B. No. 2020:
	4	+	By: Murr C.S.H.B. No. 2020
2	5
3	6
4	7		A BILL TO BE ENTITLED
5	8		AN ACT
6	9		relating to the release of defendants on bail.
7	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	11		SECTION 1. This Act may be cited as the Damon Allen Act.
9	12		SECTION 2. Chapter 17, Code of Criminal Procedure, is
10	13		amended by adding Articles 17.021 and 17.027 to read as follows:
11	14		Art. 17.021. BAIL ADVISORY COMMISSION. (a) The Bail
12	15		Advisory Commission is established to develop recommendations for
13	16		the Texas Judicial Council regarding a validated pretrial risk
14	17		assessment tool that is standardized for statewide use and
15	18		regarding best practices for personal bond offices. The
16	19		recommendations must include a validated pretrial risk assessment
17	20		tool that is developed as described by Subsection (h).
18		-	(b) The commission is composed of 12 members appointed as
	21	+	(b) The commission is composed of 11 members appointed as
19	22		follows:
20		-	(1) ~~four~~ members with an interest in criminal justice
	23	+	(1) three members with an interest in criminal justice
21	24		who are appointed by the governor, including:
22		-	(A) one person with at least 10 years of
23		-	experience acting, either as principal or on behalf of a
24		-	corporation, as a surety for compensation;
25		-	(B) one person with at least 10 years of law
	25	+	(A) one person with at least 10 years of law
26	26		enforcement experience;
27		-	(C) one attorney licensed to practice law in this
	27	+	(B) one attorney licensed to practice law in this
28	28		state who has practiced primarily in the area of criminal defense
29	29		for at least 10 years; and
30		-	(D) one attorney licensed to practice law in this
	30	+	(C) one attorney licensed to practice law in this
31	31		state who has practiced criminal law in the office of an attorney
32	32		representing the state for at least 10 years;
33	33		(2) the presiding officer of the Senate Committee on
34	34		Criminal Justice;
35	35		(3) two members of the senate who are appointed by the
36	36		lieutenant governor;
37	37		(4) the presiding officer of the House Committee on
38	38		Criminal Jurisprudence;
39	39		(5) two members of the house of representatives who
40	40		are appointed by the speaker of the house of representatives;
41	41		(6) one member appointed by the chief justice of the
42	42		supreme court; and
43	43		(7) one member appointed by the presiding judge of the
44	44		court of criminal appeals.
45	45		(c) In making appointments under Subsections (b)(1), (3),
46	46		and (5), the governor, lieutenant governor, and speaker of the
47	47		house of representatives shall coordinate to ensure that the
48	48		membership of the commission reflects, to the extent possible, the
49	49		ethnic, racial, and geographic diversity of this state.
50	50		(d) The governor shall designate the presiding officer of
51	51		the commission.
52	52		(e) The commission shall meet at the call of the presiding
53	53		officer and may hold public meetings as necessary to fulfill its
54	54		duties under this article.
55	55		(f) A member of the commission is not entitled to
56	56		compensation for service on the commission but is entitled to
57	57		reimbursement for actual and necessary expenses incurred in
58	58		performing commission duties.
59	59		(g) The Office of Court Administration of the Texas Judicial
60	60		System shall provide administrative support for the commission.
61	61		Funding for the administrative and operational expenses of the
62	62		commission, including any contracts or other engagements necessary
63	63		for the development of a recommended validated pretrial risk
64	64		assessment tool as described by Subsection (h)(1), shall be
65	65		provided through an appropriation to the Office of Court
66	66		Administration for that purpose.
67	67		(h) The commission shall, in coordination with the Office of
68	68		Court Administration of the Texas Judicial System:
69	69		(1) develop a recommended validated pretrial risk
70	70		assessment tool that is standardized for statewide use, that is
71		-	available for use for purposes of Article 17.~~1501~~, and that:
	71	+	available for use for purposes of Article 17.15(a)(6), and that:
72	72		(A) is objective, validated for its intended use,
73	73		and standardized;
74	74		(B) is based on an analysis of empirical data and
75	75		risk factors relevant to:
76		-	(i) the risk of a defendant ~~intentionally~~
77		-	~~failing to~~ appear in court as required; and
	76	+	(i) the risk of a defendant failing to
	77	+	appear in court as required; and
78	78		(ii) the safety of the community or the
79		-	victim of the alleged offense if the defendant is released;
	79	+	victim of the alleged offense if the defendant is released; and
80	80		(C) does not consider factors that
81	81		disproportionately affect persons who are members of racial or
82		-	ethnic minority groups or who are socioeconomically disadvantaged
83		-	and has been demonstrated to produce results that are unbiased with
84		-	respect to the race or ethnicity of defendants; and
85		-	(D) is designed to function in a transparent
86		-	manner with respect to the public and each defendant to whom the
87		-	tool is applied;
	82	+	ethnic minority groups or who are socioeconomically disadvantaged;
88	83		(2) develop recommendations regarding best practices
89	84		for personal bond offices to use for pretrial services authorized
90	85		by Article 17.42;
91	86		(3) collect and analyze information related to
92	87		pretrial release practices and distribute the analyses and
93	88		information as a resource to courts, personal bond offices, and
94	89		other relevant organizations; and
95	90		(4) collect information relating to defendants
96	91		released on bail, including the rate of failure to appear,
97	92		commission of new offenses, and other relevant information.
98		-	(i) The commission shall make the factors considered in
99		-	developing the tool available to the public.
100		-	(j) Not later than March 1, 2020, the commission shall
	93	+	(i) Not later than March 1, 2020, the commission shall
101	94		prepare a report containing the recommendations of the commission
102	95		developed under this article, including the commission's
103	96		recommended validated pretrial risk assessment tool, and shall
104	97		deliver the report to the governor, the lieutenant governor, each
105	98		member of the legislature, the chief justice of the supreme court,
106	99		the presiding judge of the court of criminal appeals, and the Texas
107	100		Judicial Council.
108		-	(k) The Texas Judicial Council shall review the report and
	101	+	(j) The Texas Judicial Council shall review the report and
109	102		may recommend to the commission changes to the tool consistent with
110	103		the requirements of Subsection (h)(1). Any recommended changes
111	104		must be submitted to the commission not later than June 1, 2020. If
112	105		the council recommends changes to the tool, the commission shall
113	106		revise the tool in accordance with the recommendations, prepare a
114	107		report containing the recommended tool as revised, and deliver the
115		-	report to the persons and entities listed in Subsection (j) not
	108	+	report to the persons and entities listed in Subsection (i) not
116	109		later than August 1, 2020.
117		-	(l) Not later than August 31, 2020, the Texas Judicial
	110	+	(k) Not later than August 31, 2020, the Texas Judicial
118	111		Council shall adopt either the validated pretrial risk assessment
119		-	tool recommended by the commission under Subsection (j) or the
120		-	revised tool recommended by the commission under Subsection (k).
121		-	(m) The Office of Court Administration of the Texas Judicial
	112	+	tool recommended by the commission under Subsection (i) or the
	113	+	revised tool recommended by the commission under Subsection (j).
	114	+	(l) The Office of Court Administration of the Texas Judicial
122	115		System shall provide the validated pretrial risk assessment tool
123		-	adopted under Subsection (l) to magistrates in this state at no
	116	+	adopted under Subsection (k) to magistrates in this state at no
124	117		cost.
125		-	(n) A county may, as necessary, in consultation with the
126		-	district and county court at law judges and the county bail bond
127		-	board, if one exists, modify the validated pretrial risk assessment
128		-	tool adopted under this article as necessary to ensure that the
129		-	requirements of Subsection (h)(1) are being met and, as soon as
130		-	practicable, shall provide notice of that modification to the
131		-	Office of Court Administration of the Texas Judicial System.
132		-	(o) Not later than January 1, 2023, the commission shall
	118	+	(m) Not later than January 1, 2023, the commission shall
133	119		prepare a report regarding the implementation and use of the
134	120		validated pretrial risk assessment tool adopted under Subsection
135		-	(l) and its effect on pretrial recidivism rates and the rates at
	121	+	(k) and its effect on pretrial recidivism rates and the rates at
136	122		which defendants failed to appear in court as required and shall
137	123		deliver the report to the governor, the lieutenant governor, each
138	124		member of the legislature, the chief justice of the supreme court,
139	125		the presiding judge of the court of criminal appeals, and the Texas
140		-	Judicial Council. The report must include a description of any
141		-	modifications to the tool made by counties under this article and
142		-	known to the commission at the time of the report.
143		-	(p) The commission is abolished effective September 1,
	126	+	Judicial Council.
	127	+	(n) The commission is abolished effective September 1,
144	128		2023.
145	129		Art. 17.027. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
146	130		(a) Notwithstanding any other law and except as provided by Article
147	131		17.03(b), only a magistrate who meets the qualifications described
148	132		by Subsection (b) may release on bail a defendant charged with an
149	133		offense:
150	134		(1) punishable as a felony; or
151	135		(2) under Chapter 21 or 22, Penal Code, that is
152	136		punishable as a Class B misdemeanor or any higher category of
153	137		offense.
154	138		(b) To qualify to release on bail a defendant described by
155	139		Subsection (a), a magistrate must:
156	140		(1) be a resident of this state and one of the counties
157	141		in which the magistrate serves;
158		-	(2) not have been removed from office by impeachment,
	142	+	(2) have been licensed to practice law in this state
	143	+	for at least four years;
	144	+	(3) not have been removed from office by impeachment,
159	145		by the supreme court, by the governor on address to the legislature,
160	146		by a tribunal reviewing a recommendation of the State Commission on
161	147		Judicial Conduct, or by the legislature's abolition of the
162	148		magistrate's court; and
163		-	(3) not have resigned from office after having
	149	+	(4) not have resigned from office after having
164	150		received notice that formal proceedings by the State Commission on
165	151		Judicial Conduct had been instituted as provided by Section 33.022,
166	152		Government Code, and before final disposition of the proceedings.
167		-	(c) In addition to the requirements of Subsection (b), to
168		-	qualify to release on bail a defendant described by Subsection (a),
169		-	a magistrate must have completed not less than four hours of
170		-	instruction regarding the magistrate's duties under Article 17.028
171		-	and duties with respect to setting bail in criminal cases.
172	153		SECTION 3. Chapter 17, Code of Criminal Procedure, is
173	154		amended by adding Article 17.028 to read as follows:
174	155		Art. 17.028. PRETRIAL RISK ASSESSMENT. (a) A magistrate
175	156		considering the release on bail of a defendant charged with an
176	157		offense punishable as a Class B misdemeanor or any higher category
177	158		of offense shall order that:
178	159		(1) the personal bond office established under Article
179	160		17.42 for the county in which the defendant is being detained, or
180	161		other suitably trained person, use the validated pretrial risk
181		-	assessment tool described by Article 17.~~1501~~ to conduct a ~~pretrial~~
182		-	risk assessment with respect to the defendant; and
	162	+	assessment tool described by Article 17.15(a)(6) to conduct a
	163	+	pretrial risk assessment with respect to the defendant; and
183	164		(2) the results of the assessment be provided to the
184	165		magistrate within 48 hours of the defendant's arrest.
185	166		(b) A magistrate may not, without the consent of the
186	167		sheriff, order a sheriff or sheriff's department personnel to
187	168		conduct a pretrial risk assessment under Subsection (a).
188	169		(c) Notwithstanding Subsection (a), a magistrate may
189	170		personally conduct a pretrial risk assessment using the validated
190		-	pretrial risk assessment tool described by Article 17.~~1501~~.
	171	+	pretrial risk assessment tool described by Article 17.15(a)(6).
191	172		(d) The magistrate shall consider the results of the
192	173		pretrial risk assessment before making a bail decision.
193	174		SECTION 4. Article 17.15, Code of Criminal Procedure, is
194	175		amended to read as follows:
195	176		Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
196	177		The amount of bail to be required in any case is to be regulated by
197	178		the court, judge, magistrate, or officer taking the bail in
198	179		accordance with Articles 17.20, 17.21, and 17.22 and is [; they are
199	180		to be] governed [in the exercise of this discretion] by the
200	181		Constitution and [by] the following rules:
201	182		(1) [1.] The bail shall be sufficiently high to give
202	183		reasonable assurance that the undertaking will be complied with.
203	184		(2) [2.] The power to require bail is not to be so used
204	185		as to make it an instrument of oppression.
205	186		(3) [3.] The nature of the offense, [and] the
206	187		circumstances under which the offense [it] was committed, and the
207	188		defendant's criminal history, including acts of family violence,
208	189		shall [are to] be considered.
209	190		(4) [4.] The ability to make bail shall [is to] be
210	191		considered [regarded], and proof may be taken upon this point.
211	192		(5) [5.] The future safety of a victim of the alleged
212	193		offense, peace officers, and the community shall be considered.
213		-	(6) Any other relevant facts or circumstances may be
	194	+	(6) The results of a pretrial risk assessment
	195	+	conducted using the validated pretrial risk assessment tool adopted
	196	+	for statewide use under Article 17.021(k) shall be considered.
	197	+	(7) Any other relevant facts or circumstances may be
214	198		considered.
215	199		(b) In this article, "family violence" has the meaning
216	200		assigned by Section 71.004, Family Code.
217		-	SECTION 5. Chapter 17, Code of Criminal Procedure, is
218		-	amended by adding Article 17.1501 to read as follows:
219		-	Art. 17.1501. RULES FOR SETTING AMOUNT OF BAIL: PRETRIAL
220		-	RISK ASSESSMENT. In addition to the requirements of Article 17.15,
221		-	in setting the amount of bail to be required in any case, the court,
222		-	judge, magistrate, or officer taking the bail shall consider the
223		-	results of a pretrial risk assessment conducted using the validated
224		-	pretrial risk assessment tool adopted for statewide use under
225		-	Article 17.021(l).
226		-	SECTION 6. As soon as practicable but not later than
	201	+	SECTION 5. As soon as practicable but not later than
227	202		September 1, 2020, the Office of Court Administration of the Texas
228	203		Judicial System shall make available on the office's Internet
229	204		website the validated pretrial risk assessment tool adopted under
230		-	Article 17.021(l), Code of Criminal Procedure, as added by this
	205	+	Article 17.021(k), Code of Criminal Procedure, as added by this
231	206		Act, and any related forms and materials. If those items are made
232	207		available before September 1, 2020, the office shall notify each
233	208		court clerk, judge or other magistrate, and office of an attorney
234	209		representing the state.
235		-	SECTION 7. (a) Except as ~~otherwise~~ provided by ~~this Act,~~
236		-	the changes in law made by this Act apply only to a ~~person who is~~
237		-	arrested on or after September 1, 2020.
	210	+	SECTION 6. (a) Except as provided by Subsection (b) of
	211	+	this section, the changes in law made by this Act apply only to a
	212	+	person who is arrested on or after September 1, 2020.
238	213		(b) Article 17.027, Code of Criminal Procedure, as added by
239		-	this Act, and Article 17.15, Code of Criminal Procedure, as amended
240		-	by this Act, apply to a person who is arrested on or after September
	214	+	this Act, applies to a person who is arrested on or after September
241	215		1, 2019.
242		-	SECTION 8. Article 17.027(c), Code of Criminal Procedure,
243		-	as added by this Act, applies only with respect to a release of a
244		-	defendant on bail that occurs on or after September 1, 2020.
245		-	SECTION 9. (a) Except as provided by Subsection (b) of this
246		-	section, this Act takes effect September 1, 2019.
247		-	(b) Articles 17.028 and 17.1501, Code of Criminal
248		-	Procedure, as added by this Act, take effect September 1, 2020.
	216	+	SECTION 7. (a) Except as provided by Subsection (b) of
	217	+	this section, this Act takes effect September 1, 2020.
	218	+	(b) Sections 2, 5, and 6 of this Act take effect September 1,
	219	+	2019.