Texas 2019 - 86th Regular

Texas House Bill HB4571 Compare Versions

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

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1	1	By: Coleman H.B. No. 4571
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to criminal justice.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. BAIL AND PRETRIAL RELEASE
9	9	SECTION 1.01. Article 17.03, Code of Criminal Procedure, is
10	10	amended by amending Subsections (a) and (c) and adding Subsection
11	11	(b-2) to read as follows:
12	12	(a) Except as provided by Subsection (b), [or] (b-1), or
13	13	(b-2), a magistrate may, in the magistrate's discretion, release
14	14	the defendant on personal bond without sureties or other security.
15	15	(b-2) Notwithstanding any other law, a magistrate shall
16	16	release on personal bond a defendant who is not charged with and has
17	17	not been previously convicted of a violent offense unless the
18	18	magistrate finds good cause to justify not releasing the defendant
19	19	on personal bond.
20	20	(c) When setting a personal bond under this chapter, on
21	21	reasonable belief by the investigating or arresting law enforcement
22	22	agent or magistrate of the presence of a controlled substance in the
23	23	defendant's body or on the finding of drug or alcohol abuse related
24	24	to the offense for which the defendant is charged, the court or a
25	25	magistrate may [shall] require as a condition of personal bond that
26	26	the defendant submit to testing for alcohol or a controlled
27	27	substance in the defendant's body and participate in an alcohol or
28	28	drug abuse treatment or education program if such a condition will
29	29	serve to reasonably assure the appearance of the defendant for
30	30	trial.
31	31	SECTION 1.02. Articles 17.033(a), (b), and (c), Code of
32	32	Criminal Procedure, are amended to read as follows:
33	33	(a) Except as provided by Subsection (c), a person who is
34	34	arrested without a warrant and who is detained in jail must be
35	35	released on personal bond[, in an amount not to exceed $5,000,] not
36	36	later than the 24th hour after the person's arrest if the person was
37	37	arrested for a misdemeanor and a magistrate has not determined
38	38	whether probable cause exists to believe that the person committed
39	39	the offense. [If the person is unable to obtain a surety for the
40	40	bond or unable to deposit money in the amount of the bond, the
41	41	person must be released on personal bond.]
42	42	(b) Except as provided by Subsection (c), a person who is
43	43	arrested without a warrant and who is detained in jail must be
44	44	released on bond, in an amount not to exceed $5,000 [$10,000], not
45	45	later than the 24th [48th] hour after the person's arrest if the
46	46	person was arrested for a felony and a magistrate has not determined
47	47	whether probable cause exists to believe that the person committed
48	48	the offense. If the person is unable to obtain a surety for the bond
49	49	or unable to deposit money in the amount of the bond, the person
50	50	must be released on personal bond.
51	51	(c) On the filing of an application by the attorney
52	52	representing the state, a magistrate may postpone the release of a
53	53	person under Subsection (a) or (b) for not more than 48 [72] hours
54	54	after the person's arrest. An application filed under this
55	55	subsection must state the reason a magistrate has not determined
56	56	whether probable cause exists to believe that the person committed
57	57	the offense for which the person was arrested.
58	58	SECTION 1.03. The change in law made by this article to
59	59	Article 17.03, Code of Criminal Procedure, applies only to a
60	60	personal bond that is executed on or after the effective date of
61	61	this Act. A personal bond executed before the effective date of this
62	62	Act is governed by the law in effect when the personal bond was
63	63	executed, and the former law is continued in effect for that
64	64	purpose.
65	65	SECTION 1.04. The change in law made by this article to
66	66	Article 17.033, Code of Criminal Procedure, applies only to a
67	67	person who is arrested on or after the effective date of this Act. A
68	68	person arrested before the effective date of this Act is governed by
69	69	the law in effect on the date the person was arrested, and the
70	70	former law is continued in effect for that purpose.
71	71	ARTICLE 2. JAIL STANDARDS
72	72	SECTION 2.01. Section 511.009(a), Government Code, is
73	73	amended to read as follows:
74	74	(a) The commission shall:
75	75	(1) adopt reasonable rules and procedures
76	76	establishing minimum standards for the construction, equipment,
77	77	maintenance, and operation of county jails;
78	78	(2) adopt reasonable rules and procedures
79	79	establishing minimum standards for the custody, care, and treatment
80	80	of prisoners;
81	81	(3) adopt reasonable rules establishing minimum
82	82	standards for the number of jail supervisory personnel and for
83	83	programs and services to meet the needs of prisoners;
84	84	(4) adopt reasonable rules and procedures
85	85	establishing minimum requirements for programs of rehabilitation,
86	86	education, and recreation in county jails;
87	87	(5) revise, amend, or change rules and procedures if
88	88	necessary;
89	89	(6) provide to local government officials
90	90	consultation on and technical assistance for county jails;
91	91	(7) review and comment on plans for the construction
92	92	and major modification or renovation of county jails;
93	93	(8) require that the sheriff and commissioners of each
94	94	county submit to the commission, on a form prescribed by the
95	95	commission, an annual report on the conditions in each county jail
96	96	within their jurisdiction, including all information necessary to
97	97	determine compliance with state law, commission orders, and the
98	98	rules adopted under this chapter;
99	99	(9) review the reports submitted under Subdivision (8)
100	100	and require commission employees to inspect county jails regularly
101	101	to ensure compliance with state law, commission orders, and rules
102	102	and procedures adopted under this chapter;
103	103	(10) adopt a classification system to assist sheriffs
104	104	and judges in determining which defendants are low-risk and
105	105	consequently suitable participants in a county jail work release
106	106	program under Article 42.034, Code of Criminal Procedure;
107	107	(11) adopt rules relating to requirements for
108	108	segregation of classes of inmates and to capacities for county
109	109	jails;
110	110	(12) require that the chief jailer of each municipal
111	111	lockup submit to the commission, on a form prescribed by the
112	112	commission, an annual report of persons under 17 years of age
113	113	securely detained in the lockup, including all information
114	114	necessary to determine compliance with state law concerning secure
115	115	confinement of children in municipal lockups;
116	116	(13) at least annually determine whether each county
117	117	jail is in compliance with the rules and procedures adopted under
118	118	this chapter;
119	119	(14) require that the sheriff and commissioners court
120	120	of each county submit to the commission, on a form prescribed by the
121	121	commission, an annual report of persons under 17 years of age
122	122	securely detained in the county jail, including all information
123	123	necessary to determine compliance with state law concerning secure
124	124	confinement of children in county jails;
125	125	(15) schedule announced and unannounced inspections
126	126	of jails under the commission's jurisdiction using the risk
127	127	assessment plan established under Section 511.0085 to guide the
128	128	inspections process;
129	129	(16) adopt a policy for gathering and distributing to
130	130	jails under the commission's jurisdiction information regarding:
131	131	(A) common issues concerning jail
132	132	administration;
133	133	(B) examples of successful strategies for
134	134	maintaining compliance with state law and the rules, standards, and
135	135	procedures of the commission; and
136	136	(C) solutions to operational challenges for
137	137	jails;
138	138	(17) report to the Texas Correctional Office on
139	139	Offenders with Medical or Mental Impairments on a jail's compliance
140	140	with Article 16.22, Code of Criminal Procedure;
141	141	(18) adopt reasonable rules and procedures
142	142	establishing minimum requirements for jails to:
143	143	(A) determine if a prisoner is pregnant; and
144	144	(B) ensure that the jail's health services plan
145	145	addresses medical and mental health care, including nutritional
146	146	requirements, and any special housing or work assignment needs for
147	147	persons who are confined in the jail and are known or determined to
148	148	be pregnant;
149	149	(19) provide guidelines to sheriffs regarding
150	150	contracts between a sheriff and another entity for the provision of
151	151	food services to or the operation of a commissary in a jail under
152	152	the commission's jurisdiction, including specific provisions
153	153	regarding conflicts of interest and avoiding the appearance of
154	154	impropriety;
155	155	(20) adopt reasonable rules and procedures
156	156	establishing minimum standards for prisoner visitation that
157	157	provide each prisoner at a county jail with a minimum of two
158	158	in-person, noncontact visitation periods per week of at least 20
159	159	minutes duration each;
160	160	(21) require the sheriff of each county to:
161	161	(A) investigate and verify the veteran status of
162	162	each prisoner by using data made available from the Veterans
163	163	Reentry Search Service (VRSS) operated by the United States
164	164	Department of Veterans Affairs or a similar service; and
165	165	(B) use the data described by Paragraph (A) to
166	166	assist prisoners who are veterans in applying for federal benefits
167	167	or compensation for which the prisoners may be eligible under a
168	168	program administered by the United States Department of Veterans
169	169	Affairs;
170	170	(22) adopt reasonable rules and procedures regarding
171	171	visitation of a prisoner at a county jail by a guardian, as defined
172	172	by Section 1002.012, Estates Code, that:
173	173	(A) allow visitation by a guardian to the same
174	174	extent as the prisoner's next of kin, including placing the
175	175	guardian on the prisoner's approved visitors list on the guardian's
176	176	request and providing the guardian access to the prisoner during a
177	177	facility's standard visitation hours if the prisoner is otherwise
178	178	eligible to receive visitors; and
179	179	(B) require the guardian to provide the sheriff
180	180	with letters of guardianship issued as provided by Section
181	181	1106.001, Estates Code, before being allowed to visit the prisoner;
182	182	[and]
183	183	(23) adopt reasonable rules and procedures to ensure
184	184	the safety of prisoners, including rules and procedures that
185	185	require a county jail to:
186	186	(A) give prisoners the ability to access a mental
187	187	health professional at the jail or through a telemental health
188	188	service 24 hours a day;
189	189	(B) give prisoners the ability to access a health
190	190	professional at the jail or through a telehealth service 24 hours a
191	191	day or, if a health professional is unavailable at the jail or
192	192	through a telehealth service, provide for a prisoner to be
193	193	transported to access a health professional; and
194	194	(C) if funding is available under Section
195	195	511.019, install automated electronic sensors or cameras to ensure
196	196	accurate and timely in-person checks of cells or groups of cells
197	197	confining at-risk individuals;
198	198	(24) adopt reasonable rules and procedures
199	199	establishing minimum standards regarding the management of an
200	200	intoxicated prisoner in county jails; and
201	201	(25) adopt reasonable rules and procedures
202	202	establishing minimum standards regarding the prevention of sexual
203	203	assault in county jails.
204	204	SECTION 2.02. Section 511.020(e), Government Code, is added
205	205	to read as follows:
206	206	(e) the reports described in this section ought to be broken
207	207	down by gender and race or ethnicity of the prisoner.
208	208	SECTION 2.03. Not later than September 1, 2019, the
209	209	Commission on Jail Standards shall adopt the rules and procedures
210	210	required by Sections 511.009(a)(24) and (25), Government Code, as
211	211	added by this article. On and after January 1, 2020, a county jail
212	212	shall comply with any rule or procedure adopted by the Commission on
213	213	Jail Standards under those subdivisions.
214	214	ARTICLE 3. MOTOR VEHICLE STOPS, SEARCHES, AND ISSUANCE OF CITATIONS
215	215	SECTION 3.01. Article 2.13, Code of Criminal Procedure, is
216	216	amended by adding Subsection (g) to read as follows:
217	217	(g) The officer may not conduct a search based solely on a
218	218	person's consent to the search unless:
219	219	(1) the officer verbally and in writing informs the
220	220	person of the person's right to refuse the search; and
221	221	(2) the person signs an acknowledgment that the
222	222	person:
223	223	(A) received the information described by
224	224	Subdivision (1); and
225	225	(B) consents to the search.
226	226	SECTION 3.02. Article 2.134(f), Code of Criminal Procedure,
227	227	is amended to read as follows:
228	228	(f) The data collected as a result of the reporting
229	229	requirements of this article shall not constitute prima facie
230	230	evidence of racial profiling but is admissible in a court of law.
231	231	SECTION 3.03. Article 3.05, Code of Criminal Procedure, is
232	232	amended to read as follows:
233	233	Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
234	234	profiling" means a law enforcement-initiated action based on an
235	235	individual's race, ethnicity, or national origin rather than on the
236	236	individual's behavior or on information identifying the individual
237	237	as having engaged in criminal activity.
238	238	(b) Racial profiling may be identified through the
239	239	examination of sufficient and evidence-based data analysis, taking
240	240	into consideration the context and surroundings of an action
241	241	initiated by law enforcement.
242	242	SECTION 3.04. Article 14.06, Code of Criminal Procedure, is
243	243	amended by amending Subsection (b) and adding Subsection (b-1) to
244	244	read as follows:
245	245	(b) A peace officer who is charging a person, including a
246	246	child, with committing an offense that is a [Class C] misdemeanor
247	247	punishable by a fine only, other than an offense under Section
248	248	49.02, Penal Code, an offense under Chapter 106, Alcoholic Beverage
249	249	Code, or an offense for which the officer reasonably believes it is
250	250	necessary to take the person before a magistrate to prevent a
251	251	foreseeable injury or an altercation, shall [may], instead of
252	252	taking the person before a magistrate, issue a citation to the
253	253	person that contains:
254	254	(1) written notice of the time and place the person
255	255	must appear before a magistrate;
256	256	(2) the name and address of the person charged;
257	257	(3) the offense charged;
258	258	(4) information regarding the alternatives to the full
259	259	payment of any fine or costs assessed against the person, if the
260	260	person is convicted of the offense and is unable to pay that amount;
261	261	and
262	262	(5) the following admonishment, in boldfaced or
263	263	underlined type or in capital letters:
264	264	"If you are convicted of a misdemeanor offense involving
265	265	violence where you are or were a spouse, intimate partner, parent,
266	266	or guardian of the victim or are or were involved in another,
267	267	similar relationship with the victim, it may be unlawful for you to
268	268	possess or purchase a firearm, including a handgun or long gun, or
269	269	ammunition, pursuant to federal law under 18 U.S.C. Section
270	270	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
271	271	questions whether these laws make it illegal for you to possess or
272	272	purchase a firearm, you should consult an attorney."
273	273	(b-1) A peace officer who is charging a person, including a
274	274	child, with committing an offense that is a misdemeanor punishable
275	275	by a fine only under Chapter 106, Alcoholic Beverage Code, may,
276	276	instead of taking the person before a magistrate, issue to the
277	277	person a citation that contains written notice of the time and place
278	278	the person must appear before a magistrate, the name and address of
279	279	the person charged, and the offense charged.
280	280	SECTION 3.05. Section 543.004(a), Transportation Code, is
281	281	amended to read as follows:
282	282	(a) An officer shall issue a written notice to appear if:
283	283	(1) the offense charged is[:
284	284	[(A) speeding;
285	285	[(B) the use of a wireless communication device
286	286	under Section 545.4251; or
287	287	[(C)] a misdemeanor under this subtitle that is
288	288	punishable by a fine only [violation of the open container law,
289	289	Section 49.031, Penal Code]; and
290	290	(2) the person makes a written promise to appear in
291	291	court as provided by Section 543.005.
292	292	SECTION 3.06. Article 2.13(g), Code of Criminal Procedure,
293	293	as added by this article, applies only to a motor vehicle stop or
294	294	search that occurs on or after the effective date of this Act.
295	295	SECTION 3.07. The changes in law made by this article apply
296	296	only to an offense committed on or after the effective date of this
297	297	Act. An offense committed before the effective date of this Act is
298	298	governed by the law in effect on the date the offense was committed,
299	299	and the former law is continued in effect for that purpose. For
300	300	purposes of this section, an offense was committed before the
301	301	effective date of this article if any element of the offense
302	302	occurred before that date.
303	303	SECTION 1. Section 9.41, Penal Code, is amended to read as
304	304	follows:
305	305	Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
306	306	in lawful possession of land, including a habitation on the land, or
307	307	tangible, movable property is justified in using force against
308	308	another when and to the degree the actor reasonably believes the
309	309	force is immediately necessary to prevent or terminate the other's
310	310	trespass on the land or unlawful interference with the property.
311	311	(b) A person unlawfully dispossessed of land, including a
312	312	habitation on the land, or tangible, movable property by another is
313	313	justified in using force against the other when and to the degree
314	314	the actor reasonably believes the force is immediately necessary to
315	315	reenter the land or recover the property if the actor uses the force
316	316	immediately or in fresh pursuit after the dispossession and:
317	317	(1) the actor reasonably believes the other had no
318	318	claim of right when he dispossessed the actor; or
319	319	(2) the other accomplished the dispossession by using
320	320	force, threat, or fraud against the actor.
321	321	ARTICLE 4. DEADLY FORCE.
322	322	SECTION 4,01. Section 9.42, Penal Code, is amended to read
323	323	as follows:
324	324	Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
325	325	justified in using deadly force against another to protect land,
326	326	including a habitation on the land, or tangible, movable property
327	327	if the actor:
328	328	(1) is [if he would be] justified in using force
329	329	against the other under Section 9.41; [and]
330	330	(2) [when and to the degree he] reasonably believes
331	331	the deadly force is immediately necessary:
332	332	(A) to prevent the other's imminent commission of
333	333	arson, burglary, robbery, aggravated robbery, theft during the
334	334	nighttime, or criminal mischief during the nighttime; or
335	335	(B) to prevent the other who is fleeing
336	336	immediately after committing burglary, robbery, aggravated
337	337	robbery, or theft during the nighttime from escaping with the
338	338	property; and
339	339	(3) [he] reasonably believes that:
340	340	(A) the land or property cannot be protected or
341	341	recovered by any other means; or
342	342	(B) the use of force other than deadly force to
343	343	protect or recover the land or property would expose the actor or
344	344	another to a substantial risk of death or serious bodily injury.
345	345	SECTION 4.02. Sections 9.32(a) and (c), Penal Code, are
346	346	amended to read as follows:
347	347	(a) A person is justified in using deadly force against
348	348	another if the actor:
349	349	(1) is [if the actor would be] justified in using force
350	350	against the other under Section 9.31; [and]
351	351	(2) is unable to safely retreat; and
352	352	(3) [when and to the degree the actor] reasonably
353	353	believes the deadly force is immediately necessary:
354	354	(A) to protect the actor against the other's use
355	355	or attempted use of unlawful deadly force; or
356	356	(B) to prevent the other's imminent commission of
357	357	aggravated kidnapping, murder, sexual assault, or aggravated
358	358	sexual assault[, robbery, or aggravated robbery].
359	359	(c) A person who is in the person's own habitation and [has a
360	360	right to be present at the location where the deadly force is used,]
361	361	who has not provoked the person against whom the deadly force is
362	362	used[, and who is not engaged in criminal activity at the time the
363	363	deadly force is used] is not required to retreat before using deadly
364	364	force as described by this section.
365	365	SECTION 4.03. Sections 9.32(b) and (d), Penal Code, are
366	366	repealed.
367	367	SECTION 4.04. The change in law made by this Act applies
368	368	only to an offense committed on or after the effective date of this
369	369	Act. An offense committed before the effective date of this Act is
370	370	governed by the law in effect on the date the offense was committed,
371	371	and the former law is continued in effect for that purpose. For
372	372	purposes of this section, an offense was committed before the
373	373	effective date of this Act if any element of the offense occurred
374	374	before that date.
375	375	ARTICLE 5. POLICE TRAINING
376	376	SECTION 5.01. Section 1701.253, Occupations Code, is
377	377	amended by adding Subsection (o) to read as follows:
378	378	(o) As part of the minimum curriculum requirements, the
379	379	commission shall require an officer to complete a statewide
380	380	education and training program on tactical communication.
381	381	ARTICLE 6. EFFECTIVE DATE
382	382	SECTION 6.01. This Act takes effect September 1, 2019.