86R11821 ADM-D
By: Reynolds H.B. No. 2972
A BILL TO BE ENTITLED
AN ACT
relating to the pretrial release of a defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.027 and 17.028 to read as follows:
Art. 17.027. PRETRIAL RISK ASSESSMENT. (a) A magistrate
considering the release on bail of a defendant charged with an
offense punishable as a Class B misdemeanor or any higher category
of offense shall use the results of a pretrial risk assessment of
the defendant in making a pretrial release decision under Article
17.028.
(b) The risk assessment must be conducted using an
instrument that:
(1) is objective, validated for its intended use, and
standardized;
(2) is based on an analysis of empirical data; and
(3) considers only risk factors relevant to the risk
of:
(A) a defendant failing to appear in court as
required; and
(B) danger to the community or the victim of the
alleged offense as a result of the defendant's pretrial release.
(c) The results of the risk assessment must be provided to
the magistrate without unnecessary delay but not later than 48
hours after the defendant's arrest.
Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without
unnecessary delay but not later than 48 hours after a defendant is
arrested, a magistrate shall order, after considering all
circumstances, the results of the pretrial risk assessment
conducted under Article 17.027, and any credible information
provided by the defendant or the attorney representing the state,
that the defendant be:
(1) released on personal bond without conditions;
(2) released on personal bond with any condition the
magistrate determines necessary;
(3) released on a monetary bail bond without
conditions;
(4) released on a monetary bail bond with any
condition the magistrate determines necessary; or
(5) denied pretrial release in accordance with this
chapter.
(b) In making a pretrial release decision under this
article, the magistrate shall impose, as applicable, the least
restrictive conditions and the minimum amount or type of bail
necessary to reasonably ensure the defendant's appearance in court
as required and the safety of the community and the victim of the
alleged offense.
(c) A defendant charged with only one or more nonviolent
offenses shall be released on personal bond under Subsection (a)
unless the magistrate determines by clear and convincing evidence
that release on personal bond with or without conditions is
insufficient to reasonably ensure the defendant's appearance in
court and the safety of the community and victim as described by
Subsection (b).
(d) A magistrate who denies a defendant's pretrial release
on personal bond shall, as soon as practicable but not later than 24
hours after denying the release on personal bond, issue a written
order of denial that includes findings of fact and a statement of
the magistrate's reasons for denying the release on personal bond.
(e) A magistrate may not require a defendant to provide a
monetary bail bond for the sole purpose of preventing the
defendant's pretrial release.
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after January 1, 2020. A person
arrested before January 1, 2020, is governed by the law in effect on
the date the person was arrested, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.