| 1 | 1 | | By: Whitmire S.B. No. 2241 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the judges authorized to release on bail a defendant |
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| 7 | 7 | | charged with certain offenses, and the considerations for setting |
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| 8 | 8 | | the amount of bail. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. This Act may be cited as the "Damon Allen Act." |
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| 11 | 11 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.027 to read as follows: |
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| 13 | 13 | | Art. 17.027. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. |
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| 14 | 14 | | Notwithstanding any other law and except as provided by Article |
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| 15 | 15 | | 17.03(b), only a district court judge, or an associate judge |
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| 16 | 16 | | appointed by a district court judge under Chapter 54A, Government |
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| 17 | 17 | | Code, may release on bail a defendant charged with an offense: |
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| 18 | 18 | | (1) punishable as a felony; or |
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| 19 | 19 | | (2) under Chapter 21 or 22, Penal Code, that is |
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| 20 | 20 | | punishable as a Class B misdemeanor or any higher category of |
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| 21 | 21 | | offense. |
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| 22 | 22 | | SECTION 3. Article 17.15, Code of Criminal Procedure, is |
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| 23 | 23 | | amended to read as follows: |
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| 24 | 24 | | Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. The |
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| 25 | 25 | | amount of bail to be required in any case is to be regulated by the |
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| 26 | 26 | | court, judge, magistrate, or officer taking the bail and is[; they |
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| 27 | 27 | | are to be] governed [in the exercise of this discretion] by the |
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| 28 | 28 | | Constitution and [by] the following rules: |
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| 29 | 29 | | (1) [1.] The bail shall be sufficiently high to give |
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| 30 | 30 | | reasonable assurance that the undertaking will be complied with. |
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| 31 | 31 | | (2) [2.] The power to require bail is not to be so |
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| 32 | 32 | | used as to make it an instrument of oppression. |
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| 33 | 33 | | (3) [3.] The nature of the offense, [and] the |
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| 34 | 34 | | circumstances under which the offense [it] was committed, and the |
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| 35 | 35 | | defendant's criminal history shall [are to] be considered. |
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| 36 | 36 | | (4) [4.] The ability to make bail shall [is to] be |
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| 37 | 37 | | considered [regarded], and proof may be taken upon this point. |
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| 38 | 38 | | (5) [5.] The future safety of a victim of the alleged |
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| 39 | 39 | | offense, peace officers, and the community shall be considered. |
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| 40 | 40 | | (6) A pretrial risk assessment of the defendant shall |
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| 41 | 41 | | be conducted using a standardized risk assessment tool developed by |
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| 42 | 42 | | the Bail Advisory Program established under Section 772.0064, |
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| 43 | 43 | | Government Code, and the results shall be considered. |
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| 44 | 44 | | (7) Any other relevant facts or circumstances may be |
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| 45 | 45 | | considered. |
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| 46 | 46 | | SECTION 4. Chapter 772, Government Code, is amended by |
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| 47 | 47 | | adding Section 772.0064 to read as follows: |
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| 48 | 48 | | Sec. 772.0064. BAIL ADVISORY PROGRAM. (a) The governor |
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| 49 | 49 | | shall establish the Bail Advisory Program within the criminal |
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| 50 | 50 | | justice division established under Section 772.006. |
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| 51 | 51 | | (b) The governor shall appoint a director for the program to |
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| 52 | 52 | | serve at the pleasure of the governor. |
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| 53 | 53 | | (c) The program shall, in coordination with the Office of |
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| 54 | 54 | | Court Administration: |
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| 55 | 55 | | (1) develop a standardized pretrial risk assessment |
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| 56 | 56 | | tool pursuant to Article 17.15(6), Code of Criminal Procedure; |
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| 57 | 57 | | (2) make recommendations to the criminal justice |
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| 58 | 58 | | division regarding best practices for pretrial release and personal |
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| 59 | 59 | | bond offices as authorized by Article 17.42, Code of Criminal |
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| 60 | 60 | | Procedure, to be submitted to the legislature as part of the |
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| 61 | 61 | | criminal justice division's biennial report required under Section |
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| 62 | 62 | | 772.006(a)(9); |
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| 63 | 63 | | (3) collect and analyze research and information in |
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| 64 | 64 | | all areas related to pretrial release practices, and distribute the |
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| 65 | 65 | | research, information, and analyses as a resource to courts, |
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| 66 | 66 | | personal bond offices, and other relevant organizations; and |
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| 67 | 67 | | (4) collect information relating to those released on |
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| 68 | 68 | | bail, including the rate of failure to appear, commission of new |
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| 69 | 69 | | offenses, and other relevant information. |
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| 70 | 70 | | SECTION 5. The change in law made by this Act applies only |
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| 71 | 71 | | to a person who is arrested on or after the effective date of this |
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| 72 | 72 | | Act. A person arrested before the effective date of this Act is |
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| 73 | 73 | | governed by the law in effect on the date the person was arrested, |
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| 74 | 74 | | and the former law is continued in effect for that purpose. |
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| 75 | 75 | | SECTION 6. This Act takes effect September 1, 2019. |
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