Texas 2019 - 86th Regular

Texas House Bill HB3925 Compare Versions

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

Old	New	Differences
1	1	86R8103 ADM-F
2	2	By: Martinez H.B. No. 3925
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to rules for fixing the amount of bail and to the release
8	8	of certain defendants on a bail bond or personal bond.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 17.03(b), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(b) Only the court before whom the case is pending may
13	13	release on personal bond a defendant who:
14	14	(1) is charged with an offense under the following
15	15	sections of the Penal Code:
16	16	(A) Section 19.03 (Capital Murder);
17	17	(B) Section 20.04 (Aggravated Kidnapping);
18	18	(C) Section 22.01 if punishable under Subsection
19	19	(b)(1) of that section (Assault);
20	20	(D) Section 22.02 if punishable under Subsection
21	21	(b)(1) or (2) of that section (Aggravated Assault);
22	22	(E) Section 22.021 (Aggravated Sexual Assault);
23	23	[(D) Section 22.03 (Deadly Assault on Law
24	24	Enforcement or Corrections Officer, Member or Employee of Board of
25	25	Pardons and Paroles, or Court Participant);]
26	26	(F) [(E)] Section 22.04 (Injury to a Child,
27	27	Elderly Individual, or Disabled Individual);
28	28	(G) [(F)] Section 29.03 (Aggravated Robbery);
29	29	(H) [(G)] Section 30.02 (Burglary);
30	30	(I) [(H)] Section 71.02 (Engaging in Organized
31	31	Criminal Activity);
32	32	(J) [(I)] Section 21.02 (Continuous Sexual Abuse
33	33	of Young Child or Children); or
34	34	(K) [(J)] Section 20A.03 (Continuous Trafficking
35	35	of Persons);
36	36	(2) is charged with a felony under Chapter 481, Health
37	37	and Safety Code, or Section 485.033, Health and Safety Code,
38	38	punishable by imprisonment for a minimum term or by a maximum fine
39	39	that is more than a minimum term or maximum fine for a first degree
40	40	felony; [or]
41	41	(3) is charged with an offense that involves
42	42	possession of a controlled substance under Chapter 481, Health and
43	43	Safety Code, and is punishable as a felony;
44	44	(4) does not submit to testing for the presence of a
45	45	controlled substance in the defendant's body as requested by the
46	46	court or magistrate under Subsection (c) of this article or submits
47	47	to testing and the test shows evidence of the presence of a
48	48	controlled substance in the defendant's body;
49	49	(5) is charged with any offense in which there is an
50	50	identifiable victim;
51	51	(6) is charged with any offense involving the use of a
52	52	deadly weapon as defined by Section 1.07, Penal Code;
53	53	(7) is currently charged with multiple offenses,
54	54	regardless of whether the offenses are pending before the same
55	55	court or consist of multiple courts;
56	56	(8) is charged with, or in the preceding five years was
57	57	charged with, an offense under Section 38.06, Penal Code;
58	58	(9) was convicted of any felony offense in the
59	59	preceding three years or any misdemeanor offense in the preceding
60	60	year;
61	61	(10) has been convicted of an offense under Section
62	62	22.011 or 22.021, Penal Code, that resulted in serious bodily
63	63	injury to a child;
64	64	(11) is charged with committing any offense while
65	65	released on bail for another offense; or
66	66	(12) in the preceding two years, has failed to appear
67	67	after being released on personal bond.
68	68	SECTION 2. Article 17.15, Code of Criminal Procedure, is
69	69	amended to read as follows:
70	70	Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of
71	71	bail to be required in any case is to be regulated by the court,
72	72	judge, magistrate or officer taking the bail; they are to be
73	73	governed in the exercise of this discretion by the Constitution and
74	74	by the following rules:
75	75	1. The bail shall be sufficiently high to give reasonable
76	76	assurance that the undertaking will be complied with.
77	77	2. The power to require bail is not to be so used as to make
78	78	it an instrument of oppression.
79	79	3. The nature of the offense and the circumstances under
80	80	which it was committed are to be considered.
81	81	4. The ability to make bail is to be regarded, and proof may
82	82	be taken upon this point.
83	83	5. The future safety of a victim of the alleged offense and
84	84	the community shall be considered.
85	85	6. The criminal history of the defendant shall be
86	86	considered.
87	87	SECTION 3. Chapter 17, Code of Criminal Procedure, is
88	88	amended by adding Article 17.1501 to read as follows:
89	89	Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The
90	90	judges of the courts trying criminal cases in a county may
91	91	promulgate a standing order setting out a schedule of suggested
92	92	bail amounts for any offense over which the courts have
93	93	jurisdiction under Chapter 4.
94	94	(b) A defendant who is charged with an offense for which a
95	95	bail schedule has been established under Subsection (a) may waive
96	96	the defendant's right to appear before a magistrate under Article
97	97	15.17 and be released from custody on giving bail in the amount
98	98	required by the schedule.
99	99	(c) A defendant who is unable to give bail in the amount
100	100	required by the schedule may file with the applicable magistrate a
101	101	sworn affidavit declaring the maximum amount that the defendant
102	102	would be able to pay or provide as security within 48 hours of
103	103	arrest for purposes of obtaining a bail bond. The affidavit must
104	104	set out sufficient facts to clearly establish that amount, given
105	105	the totality of the defendant's circumstances.
106	106	(d) A defendant who files an affidavit under Subsection (c)
107	107	is entitled to a hearing before the magistrate on the bail amount.
108	108	The hearing must be held not later than 48 hours after the charges
109	109	were filed against the defendant or 48 hours after the defendant was
110	110	arrested, whichever is later. At the hearing, the magistrate shall
111	111	consider the facts stated in the affidavit and the rules
112	112	established by Article 17.15 and set the defendant's bail. The
113	113	magistrate shall issue oral or written findings of fact supporting
114	114	the decision.
115	115	(e) A defendant who has not given bail before the fourth
116	116	business day after the date bail is set under this article shall be
117	117	taken before the court before whom the case is pending for a hearing
118	118	to reconsider the bail amount. At a hearing under this subsection,
119	119	the court may adjust the bail, keep the bail as previously set, or
120	120	impose any additional conditions of release on bond the court
121	121	considers necessary.
122	122	SECTION 4. The changes in law made by this Act apply only to
123	123	a person who is arrested on or after the effective date of this Act.
124	124	A person arrested before the effective date of this Act is governed
125	125	by the law in effect on the date the person was arrested, and the
126	126	former law is continued in effect for that purpose.
127	127	SECTION 5. This Act takes effect September 1, 2019.