Texas 2019 - 86th Regular

Texas House Bill HB2972 Compare Versions

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

Old	New	Differences
1	1	86R11821 ADM-D
2	2	By: Reynolds H.B. No. 2972
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.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 17, Code of Criminal Procedure, is
10	10	amended by adding Articles 17.027 and 17.028 to read as follows:
11	11	Art. 17.027. PRETRIAL RISK ASSESSMENT. (a) A magistrate
12	12	considering the release on bail of a defendant charged with an
13	13	offense punishable as a Class B misdemeanor or any higher category
14	14	of offense shall use the results of a pretrial risk assessment of
15	15	the defendant in making a pretrial release decision under Article
16	16	17.028.
17	17	(b) The risk assessment must be conducted using an
18	18	instrument that:
19	19	(1) is objective, validated for its intended use, and
20	20	standardized;
21	21	(2) is based on an analysis of empirical data; and
22	22	(3) considers only risk factors relevant to the risk
23	23	of:
24	24	(A) a defendant failing to appear in court as
25	25	required; and
26	26	(B) danger to the community or the victim of the
27	27	alleged offense as a result of the defendant's pretrial release.
28	28	(c) The results of the risk assessment must be provided to
29	29	the magistrate without unnecessary delay but not later than 48
30	30	hours after the defendant's arrest.
31	31	Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without
32	32	unnecessary delay but not later than 48 hours after a defendant is
33	33	arrested, a magistrate shall order, after considering all
34	34	circumstances, the results of the pretrial risk assessment
35	35	conducted under Article 17.027, and any credible information
36	36	provided by the defendant or the attorney representing the state,
37	37	that the defendant be:
38	38	(1) released on personal bond without conditions;
39	39	(2) released on personal bond with any condition the
40	40	magistrate determines necessary;
41	41	(3) released on a monetary bail bond without
42	42	conditions;
43	43	(4) released on a monetary bail bond with any
44	44	condition the magistrate determines necessary; or
45	45	(5) denied pretrial release in accordance with this
46	46	chapter.
47	47	(b) In making a pretrial release decision under this
48	48	article, the magistrate shall impose, as applicable, the least
49	49	restrictive conditions and the minimum amount or type of bail
50	50	necessary to reasonably ensure the defendant's appearance in court
51	51	as required and the safety of the community and the victim of the
52	52	alleged offense.
53	53	(c) A defendant charged with only one or more nonviolent
54	54	offenses shall be released on personal bond under Subsection (a)
55	55	unless the magistrate determines by clear and convincing evidence
56	56	that release on personal bond with or without conditions is
57	57	insufficient to reasonably ensure the defendant's appearance in
58	58	court and the safety of the community and victim as described by
59	59	Subsection (b).
60	60	(d) A magistrate who denies a defendant's pretrial release
61	61	on personal bond shall, as soon as practicable but not later than 24
62	62	hours after denying the release on personal bond, issue a written
63	63	order of denial that includes findings of fact and a statement of
64	64	the magistrate's reasons for denying the release on personal bond.
65	65	(e) A magistrate may not require a defendant to provide a
66	66	monetary bail bond for the sole purpose of preventing the
67	67	defendant's pretrial release.
68	68	SECTION 2. The change in law made by this Act applies only
69	69	to a person who is arrested on or after January 1, 2020. A person
70	70	arrested before January 1, 2020, is governed by the law in effect on
71	71	the date the person was arrested, and the former law is continued in
72	72	effect for that purpose.
73	73	SECTION 3. This Act takes effect September 1, 2019.