By: Coleman H.B. No. 4571
A BILL TO BE ENTITLED
AN ACT
relating to criminal justice.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. BAIL AND PRETRIAL RELEASE
SECTION 1.01. Article 17.03, Code of Criminal Procedure, is
amended by amending Subsections (a) and (c) and adding Subsection
(b-2) to read as follows:
(a) Except as provided by Subsection (b), [or] (b-1), or
(b-2), a magistrate may, in the magistrate's discretion, release
the defendant on personal bond without sureties or other security.
(b-2) Notwithstanding any other law, a magistrate shall
release on personal bond a defendant who is not charged with and has
not been previously convicted of a violent offense unless the
magistrate finds good cause to justify not releasing the defendant
on personal bond.
(c) When setting a personal bond under this chapter, on
reasonable belief by the investigating or arresting law enforcement
agent or magistrate of the presence of a controlled substance in the
defendant's body or on the finding of drug or alcohol abuse related
to the offense for which the defendant is charged, the court or a
magistrate may [shall] require as a condition of personal bond that
the defendant submit to testing for alcohol or a controlled
substance in the defendant's body and participate in an alcohol or
drug abuse treatment or education program if such a condition will
serve to reasonably assure the appearance of the defendant for
trial.
SECTION 1.02. Articles 17.033(a), (b), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) Except as provided by Subsection (c), a person who is
arrested without a warrant and who is detained in jail must be
released on personal bond[, in an amount not to exceed $5,000,] not
later than the 24th hour after the person's arrest if the person was
arrested for a misdemeanor and a magistrate has not determined
whether probable cause exists to believe that the person committed
the offense. [If the person is unable to obtain a surety for the
bond or unable to deposit money in the amount of the bond, the
person must be released on personal bond.]
(b) Except as provided by Subsection (c), a person who is
arrested without a warrant and who is detained in jail must be
released on bond, in an amount not to exceed $5,000 [$10,000], not
later than the 24th [48th] hour after the person's arrest if the
person was arrested for a felony and a magistrate has not determined
whether probable cause exists to believe that the person committed
the offense. If the person is unable to obtain a surety for the bond
or unable to deposit money in the amount of the bond, the person
must be released on personal bond.
(c) On the filing of an application by the attorney
representing the state, a magistrate may postpone the release of a
person under Subsection (a) or (b) for not more than 48 [72] hours
after the person's arrest. An application filed under this
subsection must state the reason a magistrate has not determined
whether probable cause exists to believe that the person committed
the offense for which the person was arrested.
SECTION 1.03. The change in law made by this article to
Article 17.03, Code of Criminal Procedure, applies only to a
personal bond that is executed on or after the effective date of
this Act. A personal bond executed before the effective date of this
Act is governed by the law in effect when the personal bond was
executed, and the former law is continued in effect for that
purpose.
SECTION 1.04. The change in law made by this article to
Article 17.033, Code of Criminal Procedure, applies 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.
ARTICLE 2. JAIL STANDARDS
SECTION 2.01. Section 511.009(a), Government Code, is
amended to read as follows:
(a) The commission shall:
(1) adopt reasonable rules and procedures
establishing minimum standards for the construction, equipment,
maintenance, and operation of county jails;
(2) adopt reasonable rules and procedures
establishing minimum standards for the custody, care, and treatment
of prisoners;
(3) adopt reasonable rules establishing minimum
standards for the number of jail supervisory personnel and for
programs and services to meet the needs of prisoners;
(4) adopt reasonable rules and procedures
establishing minimum requirements for programs of rehabilitation,
education, and recreation in county jails;
(5) revise, amend, or change rules and procedures if
necessary;
(6) provide to local government officials
consultation on and technical assistance for county jails;
(7) review and comment on plans for the construction
and major modification or renovation of county jails;
(8) require that the sheriff and commissioners of each
county submit to the commission, on a form prescribed by the
commission, an annual report on the conditions in each county jail
within their jurisdiction, including all information necessary to
determine compliance with state law, commission orders, and the
rules adopted under this chapter;
(9) review the reports submitted under Subdivision (8)
and require commission employees to inspect county jails regularly
to ensure compliance with state law, commission orders, and rules
and procedures adopted under this chapter;
(10) adopt a classification system to assist sheriffs
and judges in determining which defendants are low-risk and
consequently suitable participants in a county jail work release
program under Article 42.034, Code of Criminal Procedure;
(11) adopt rules relating to requirements for
segregation of classes of inmates and to capacities for county
jails;
(12) require that the chief jailer of each municipal
lockup submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the lockup, including all information
necessary to determine compliance with state law concerning secure
confinement of children in municipal lockups;
(13) at least annually determine whether each county
jail is in compliance with the rules and procedures adopted under
this chapter;
(14) require that the sheriff and commissioners court
of each county submit to the commission, on a form prescribed by the
commission, an annual report of persons under 17 years of age
securely detained in the county jail, including all information
necessary to determine compliance with state law concerning secure
confinement of children in county jails;
(15) schedule announced and unannounced inspections
of jails under the commission's jurisdiction using the risk
assessment plan established under Section 511.0085 to guide the
inspections process;
(16) adopt a policy for gathering and distributing to
jails under the commission's jurisdiction information regarding:
(A) common issues concerning jail
administration;
(B) examples of successful strategies for
maintaining compliance with state law and the rules, standards, and
procedures of the commission; and
(C) solutions to operational challenges for
jails;
(17) report to the Texas Correctional Office on
Offenders with Medical or Mental Impairments on a jail's compliance
with Article 16.22, Code of Criminal Procedure;
(18) adopt reasonable rules and procedures
establishing minimum requirements for jails to:
(A) determine if a prisoner is pregnant; and
(B) ensure that the jail's health services plan
addresses medical and mental health care, including nutritional
requirements, and any special housing or work assignment needs for
persons who are confined in the jail and are known or determined to
be pregnant;
(19) provide guidelines to sheriffs regarding
contracts between a sheriff and another entity for the provision of
food services to or the operation of a commissary in a jail under
the commission's jurisdiction, including specific provisions
regarding conflicts of interest and avoiding the appearance of
impropriety;
(20) adopt reasonable rules and procedures
establishing minimum standards for prisoner visitation that
provide each prisoner at a county jail with a minimum of two
in-person, noncontact visitation periods per week of at least 20
minutes duration each;
(21) require the sheriff of each county to:
(A) investigate and verify the veteran status of
each prisoner by using data made available from the Veterans
Reentry Search Service (VRSS) operated by the United States
Department of Veterans Affairs or a similar service; and
(B) use the data described by Paragraph (A) to
assist prisoners who are veterans in applying for federal benefits
or compensation for which the prisoners may be eligible under a
program administered by the United States Department of Veterans
Affairs;
(22) adopt reasonable rules and procedures regarding
visitation of a prisoner at a county jail by a guardian, as defined
by Section 1002.012, Estates Code, that:
(A) allow visitation by a guardian to the same
extent as the prisoner's next of kin, including placing the
guardian on the prisoner's approved visitors list on the guardian's
request and providing the guardian access to the prisoner during a
facility's standard visitation hours if the prisoner is otherwise
eligible to receive visitors; and
(B) require the guardian to provide the sheriff
with letters of guardianship issued as provided by Section
1106.001, Estates Code, before being allowed to visit the prisoner;
[and]
(23) adopt reasonable rules and procedures to ensure
the safety of prisoners, including rules and procedures that
require a county jail to:
(A) give prisoners the ability to access a mental
health professional at the jail or through a telemental health
service 24 hours a day;
(B) give prisoners the ability to access a health
professional at the jail or through a telehealth service 24 hours a
day or, if a health professional is unavailable at the jail or
through a telehealth service, provide for a prisoner to be
transported to access a health professional; and
(C) if funding is available under Section
511.019, install automated electronic sensors or cameras to ensure
accurate and timely in-person checks of cells or groups of cells
confining at-risk individuals;
(24) adopt reasonable rules and procedures
establishing minimum standards regarding the management of an
intoxicated prisoner in county jails; and
(25) adopt reasonable rules and procedures
establishing minimum standards regarding the prevention of sexual
assault in county jails.
SECTION 2.02. Section 511.020(e), Government Code, is added
to read as follows:
(e) the reports described in this section ought to be broken
down by gender and race or ethnicity of the prisoner.
SECTION 2.03. Not later than September 1, 2019, the
Commission on Jail Standards shall adopt the rules and procedures
required by Sections 511.009(a)(24) and (25), Government Code, as
added by this article. On and after January 1, 2020, a county jail
shall comply with any rule or procedure adopted by the Commission on
Jail Standards under those subdivisions.
ARTICLE 3. MOTOR VEHICLE STOPS, SEARCHES, AND ISSUANCE OF CITATIONS
SECTION 3.01. Article 2.13, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) The officer may not conduct a search based solely on a
person's consent to the search unless:
(1) the officer verbally and in writing informs the
person of the person's right to refuse the search; and
(2) the person signs an acknowledgment that the
person:
(A) received the information described by
Subdivision (1); and
(B) consents to the search.
SECTION 3.02. Article 2.134(f), Code of Criminal Procedure,
is amended to read as follows:
(f) The data collected as a result of the reporting
requirements of this article shall not constitute prima facie
evidence of racial profiling but is admissible in a court of law.
SECTION 3.03. Article 3.05, Code of Criminal Procedure, is
amended to read as follows:
Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
profiling" means a law enforcement-initiated action based on an
individual's race, ethnicity, or national origin rather than on the
individual's behavior or on information identifying the individual
as having engaged in criminal activity.
(b) Racial profiling may be identified through the
examination of sufficient and evidence-based data analysis, taking
into consideration the context and surroundings of an action
initiated by law enforcement.
SECTION 3.04. Article 14.06, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) A peace officer who is charging a person, including a
child, with committing an offense that is a [Class C] misdemeanor
punishable by a fine only, other than an offense under Section
49.02, Penal Code, an offense under Chapter 106, Alcoholic Beverage
Code, or an offense for which the officer reasonably believes it is
necessary to take the person before a magistrate to prevent a
foreseeable injury or an altercation, shall [may], instead of
taking the person before a magistrate, issue a citation to the
person that contains:
(1) written notice of the time and place the person
must appear before a magistrate;
(2) the name and address of the person charged;
(3) the offense charged;
(4) information regarding the alternatives to the full
payment of any fine or costs assessed against the person, if the
person is convicted of the offense and is unable to pay that amount;
and
(5) the following admonishment, in boldfaced or
underlined type or in capital letters:
"If you are convicted of a misdemeanor offense involving
violence where you are or were a spouse, intimate partner, parent,
or guardian of the victim or are or were involved in another,
similar relationship with the victim, it may be unlawful for you to
possess or purchase a firearm, including a handgun or long gun, or
ammunition, pursuant to federal law under 18 U.S.C. Section
922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
questions whether these laws make it illegal for you to possess or
purchase a firearm, you should consult an attorney."
(b-1) A peace officer who is charging a person, including a
child, with committing an offense that is a misdemeanor punishable
by a fine only under Chapter 106, Alcoholic Beverage Code, may,
instead of taking the person before a magistrate, issue to the
person a citation that contains written notice of the time and place
the person must appear before a magistrate, the name and address of
the person charged, and the offense charged.
SECTION 3.05. Section 543.004(a), Transportation Code, is
amended to read as follows:
(a) An officer shall issue a written notice to appear if:
(1) the offense charged is[:
[(A) speeding;
[(B) the use of a wireless communication device
under Section 545.4251; or
[(C)] a misdemeanor under this subtitle that is
punishable by a fine only [violation of the open container law,
Section 49.031, Penal Code]; and
(2) the person makes a written promise to appear in
court as provided by Section 543.005.
SECTION 3.06. Article 2.13(g), Code of Criminal Procedure,
as added by this article, applies only to a motor vehicle stop or
search that occurs on or after the effective date of this Act.
SECTION 3.07. The changes in law made by this article apply
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this article if any element of the offense
occurred before that date.
SECTION 1. Section 9.41, Penal Code, is amended to read as
follows:
Sec. 9.41. PROTECTION OF ONE'S OWN PROPERTY. (a) A person
in lawful possession of land, including a habitation on the land, or
tangible, movable property is justified in using force against
another when and to the degree the actor reasonably believes the
force is immediately necessary to prevent or terminate the other's
trespass on the land or unlawful interference with the property.
(b) A person unlawfully dispossessed of land, including a
habitation on the land, or tangible, movable property by another is
justified in using force against the other when and to the degree
the actor reasonably believes the force is immediately necessary to
reenter the land or recover the property if the actor uses the force
immediately or in fresh pursuit after the dispossession and:
(1) the actor reasonably believes the other had no
claim of right when he dispossessed the actor; or
(2) the other accomplished the dispossession by using
force, threat, or fraud against the actor.
ARTICLE 4. DEADLY FORCE.
SECTION 4,01. Section 9.42, Penal Code, is amended to read
as follows:
Sec. 9.42. DEADLY FORCE TO PROTECT PROPERTY. A person is
justified in using deadly force against another to protect land,
including a habitation on the land, or tangible, movable property
if the actor:
(1) is [if he would be] justified in using force
against the other under Section 9.41; [and]
(2) [when and to the degree he] reasonably believes
the deadly force is immediately necessary:
(A) to prevent the other's imminent commission of
arson, burglary, robbery, aggravated robbery, theft during the
nighttime, or criminal mischief during the nighttime; or
(B) to prevent the other who is fleeing
immediately after committing burglary, robbery, aggravated
robbery, or theft during the nighttime from escaping with the
property; and
(3) [he] reasonably believes that:
(A) the land or property cannot be protected or
recovered by any other means; or
(B) the use of force other than deadly force to
protect or recover the land or property would expose the actor or
another to a substantial risk of death or serious bodily injury.
SECTION 4.02. Sections 9.32(a) and (c), Penal Code, are
amended to read as follows:
(a) A person is justified in using deadly force against
another if the actor:
(1) is [if the actor would be] justified in using force
against the other under Section 9.31; [and]
(2) is unable to safely retreat; and
(3) [when and to the degree the actor] reasonably
believes the deadly force is immediately necessary:
(A) to protect the actor against the other's use
or attempted use of unlawful deadly force; or
(B) to prevent the other's imminent commission of
aggravated kidnapping, murder, sexual assault, or aggravated
sexual assault[, robbery, or aggravated robbery].
(c) A person who is in the person's own habitation and [has a
right to be present at the location where the deadly force is used,]
who has not provoked the person against whom the deadly force is
used[, and who is not engaged in criminal activity at the time the
deadly force is used] is not required to retreat before using deadly
force as described by this section.
SECTION 4.03. Sections 9.32(b) and (d), Penal Code, are
repealed.
SECTION 4.04. The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
ARTICLE 5. POLICE TRAINING
SECTION 5.01. Section 1701.253, Occupations Code, is
amended by adding Subsection (o) to read as follows:
(o) As part of the minimum curriculum requirements, the
commission shall require an officer to complete a statewide
education and training program on tactical communication.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. This Act takes effect September 1, 2019.