86R8103 ADM-F
By: Martinez H.B. No. 3925
A BILL TO BE ENTITLED
AN ACT
relating to rules for fixing the amount of bail and to the release
of certain defendants on a bail bond or personal bond.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.03(b), Code of Criminal Procedure, is
amended to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) Section 19.03 (Capital Murder);
(B) Section 20.04 (Aggravated Kidnapping);
(C) Section 22.01 if punishable under Subsection
(b)(1) of that section (Assault);
(D) Section 22.02 if punishable under Subsection
(b)(1) or (2) of that section (Aggravated Assault);
(E) Section 22.021 (Aggravated Sexual Assault);
[(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);]
(F) [(E)] Section 22.04 (Injury to a Child,
Elderly Individual, or Disabled Individual);
(G) [(F)] Section 29.03 (Aggravated Robbery);
(H) [(G)] Section 30.02 (Burglary);
(I) [(H)] Section 71.02 (Engaging in Organized
Criminal Activity);
(J) [(I)] Section 21.02 (Continuous Sexual Abuse
of Young Child or Children); or
(K) [(J)] Section 20A.03 (Continuous Trafficking
of Persons);
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; [or]
(3) is charged with an offense that involves
possession of a controlled substance under Chapter 481, Health and
Safety Code, and is punishable as a felony;
(4) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body;
(5) is charged with any offense in which there is an
identifiable victim;
(6) is charged with any offense involving the use of a
deadly weapon as defined by Section 1.07, Penal Code;
(7) is currently charged with multiple offenses,
regardless of whether the offenses are pending before the same
court or consist of multiple courts;
(8) is charged with, or in the preceding five years was
charged with, an offense under Section 38.06, Penal Code;
(9) was convicted of any felony offense in the
preceding three years or any misdemeanor offense in the preceding
year;
(10) has been convicted of an offense under Section
22.011 or 22.021, Penal Code, that resulted in serious bodily
injury to a child;
(11) is charged with committing any offense while
released on bail for another offense; or
(12) in the preceding two years, has failed to appear
after being released on personal bond.
SECTION 2. Article 17.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of
bail to be required in any case is to be regulated by the court,
judge, magistrate or officer taking the bail; they are to be
governed in the exercise of this discretion by the Constitution and
by the following rules:
1. The bail shall be sufficiently high to give reasonable
assurance that the undertaking will be complied with.
2. The power to require bail is not to be so used as to make
it an instrument of oppression.
3. The nature of the offense and the circumstances under
which it was committed are to be considered.
4. The ability to make bail is to be regarded, and proof may
be taken upon this point.
5. The future safety of a victim of the alleged offense and
the community shall be considered.
6. The criminal history of the defendant shall be
considered.
SECTION 3. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.1501 to read as follows:
Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The
judges of the courts trying criminal cases in a county may
promulgate a standing order setting out a schedule of suggested
bail amounts for any offense over which the courts have
jurisdiction under Chapter 4.
(b) A defendant who is charged with an offense for which a
bail schedule has been established under Subsection (a) may waive
the defendant's right to appear before a magistrate under Article
15.17 and be released from custody on giving bail in the amount
required by the schedule.
(c) A defendant who is unable to give bail in the amount
required by the schedule may file with the applicable magistrate a
sworn affidavit declaring the maximum amount that the defendant
would be able to pay or provide as security within 48 hours of
arrest for purposes of obtaining a bail bond. The affidavit must
set out sufficient facts to clearly establish that amount, given
the totality of the defendant's circumstances.
(d) A defendant who files an affidavit under Subsection (c)
is entitled to a hearing before the magistrate on the bail amount.
The hearing must be held not later than 48 hours after the charges
were filed against the defendant or 48 hours after the defendant was
arrested, whichever is later. At the hearing, the magistrate shall
consider the facts stated in the affidavit and the rules
established by Article 17.15 and set the defendant's bail. The
magistrate shall issue oral or written findings of fact supporting
the decision.
(e) A defendant who has not given bail before the fourth
business day after the date bail is set under this article shall be
taken before the court before whom the case is pending for a hearing
to reconsider the bail amount. At a hearing under this subsection,
the court may adjust the bail, keep the bail as previously set, or
impose any additional conditions of release on bond the court
considers necessary.
SECTION 4. The changes in law made by this Act apply only to
a person who is arrested on or after the effective date of this Act.
A person arrested before the effective date of this Act 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 5. This Act takes effect September 1, 2019.