Texas 2021 - 87th Regular

Texas House Bill HB20 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Murr, et al. (Senate Sponsor - Huffman) H.B. No. 20
2		-	(In the Senate - Received from the House May 5, 2021;
3		-	May 10, 2021, read first time and referred to Committee on
4		-	Jurisprudence; May 17, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 4, Nays 0;
6		-	May 17, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 20 By: Huffman
	1	+	By: Murr, et al. H.B. No. 20
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13		-	relating to rules for fixing the amount of bail, to the release of
14		-	certain defendants on a bail bond or personal bond, to related
15		-	duties of certain officers taking bail bonds and of a magistrate in
16		-	a criminal case, to charitable bail organizations, and to the
17		-	reporting of information pertaining to bail bonds.
	6	+	relating to the release of defendants on bail.
18	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19		-	SECTION 1. Chapter 17, Code of Criminal Procedure, is
20		-	amended by adding Article 17.027 to read as follows:
21		-	Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
22		-	OFFENSE COMMITTED WHILE ON BAIL. Notwithstanding any other law, if
23		-	a defendant is charged with committing an offense while released on
24		-	bail for another offense, only the court before whom the case for
25		-	the previous offense is pending may release the defendant on bail.
26		-	The defendant must be presented to the court within the period
27		-	prescribed by Article 15.17, either in person or by means of
28		-	videoconference, in accordance with that article.
29		-	SECTION 2. Article 17.03, Code of Criminal Procedure, is
30		-	amended by amending Subsections (a) and (b) and adding Subsection
31		-	(b-2) to read as follows:
32		-	(a) Except as provided by Subsection (b), [or] (b-1), or
33		-	(b-2), a magistrate may, in the magistrate's discretion, release
34		-	the defendant on personal bond without sureties or other security.
	8	+	SECTION 1. This Act may be cited as the Damon Allen Act.
	9	+	SECTION 2. Article 1.07, Code of Criminal Procedure, is
	10	+	amended to read as follows:
	11	+	Art. 1.07. RIGHT TO BAIL. Except as provided by this
	12	+	article or by Chapter 17, any person [All prisoners] shall be
	13	+	eligible for bail [bailable] unless denial of bail is expressly
	14	+	permitted by the Texas Constitution [for capital offenses when the
	15	+	proof is evident]. This provision shall not be so construed as to
	16	+	prevent bail after indictment found upon examination of the
	17	+	evidence, in such manner as may be prescribed by law.
	18	+	SECTION 3. Chapter 17, Code of Criminal Procedure, is
	19	+	amended by adding Articles 17.021, 17.022, 17.023, 17.024, and
	20	+	17.028 to read as follows:
	21	+	Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office
	22	+	of Court Administration of the Texas Judicial System shall develop
	23	+	and maintain a validated public safety report system that is
	24	+	standardized for statewide use, that is available for use for
	25	+	purposes of Article 17.15, and that:
	26	+	(1) is objective, validated for its intended use, and
	27	+	standardized;
	28	+	(2) is based on an analysis of empirical data and
	29	+	factors relevant to:
	30	+	(A) the likelihood of a defendant intentionally
	31	+	failing to appear in court as required; and
	32	+	(B) the safety of the community, law enforcement,
	33	+	and the victim of the alleged offense if the defendant is released;
	34	+	(3) does not consider factors that disproportionately
	35	+	affect persons who are members of racial or ethnic minority groups
	36	+	or who are socioeconomically disadvantaged;
	37	+	(4) has been demonstrated to produce results that are
	38	+	unbiased with respect to the race or ethnicity of defendants and
	39	+	does not produce a disproportionate outcome; and
	40	+	(5) is designed to function in a transparent manner
	41	+	with respect to the public and each defendant with respect to whom a
	42	+	public safety report is prepared.
	43	+	(b) The office shall provide access to the public safety
	44	+	report system to the appropriate officials in each county at no
	45	+	cost. This subsection may not be construed to require the office to
	46	+	provide a county official or magistrate with any equipment or
	47	+	support related to accessing or using the public safety report
	48	+	system.
	49	+	(c) The office shall collect data relating to the use and
	50	+	efficiency of the public safety report system. The office shall
	51	+	consider that data, along with other relevant information, and
	52	+	shall, not later than November 1 of each even-numbered year, make
	53	+	appropriate changes or updates to the public safety report system
	54	+	to ensure compliance with this article. Not later than December 1
	55	+	of each even-numbered year, the office shall submit a report
	56	+	containing the data collected and describing any changes or updates
	57	+	made to the public safety report system to the governor, the
	58	+	lieutenant governor, the speaker of the house of representatives,
	59	+	and the presiding officers of the standing committees of each house
	60	+	of the legislature with jurisdiction over the judiciary.
	61	+	(d) The office shall create and post on the office's public
	62	+	Internet website a sample result that could occur through the use of
	63	+	the public safety report system and shall include an explanation of
	64	+	the data used for preparing a public safety report.
	65	+	Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate
	66	+	considering the release on bail of a defendant charged with an
	67	+	offense punishable as a Class B misdemeanor or any higher category
	68	+	of offense shall order that:
	69	+	(1) the personal bond office established under Article
	70	+	17.42 for the county in which the defendant is being detained, or
	71	+	other suitably trained person, use the validated public safety
	72	+	report system developed under Article 17.021 to prepare a public
	73	+	safety report, or another public safety report approved by the
	74	+	Office of Court Administration of the Texas Judicial System, with
	75	+	respect to the defendant; and
	76	+	(2) the public safety report prepared under
	77	+	Subdivision (1) be provided to the magistrate as soon as
	78	+	practicable but not later than 48 hours after the defendant's
	79	+	arrest.
	80	+	(b) A magistrate may not, without the consent of the
	81	+	sheriff, order a sheriff or sheriff's department personnel to
	82	+	prepare a public safety report under Subsection (a).
	83	+	(c) Notwithstanding Subsection (a), a magistrate may
	84	+	personally prepare a public safety report before or while making a
	85	+	bail decision using the validated public safety report system
	86	+	developed under Article 17.021.
	87	+	(d) The magistrate shall consider the public safety report
	88	+	before making a bail decision.
	89	+	Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
	90	+	(a) This article applies only to a defendant charged with an
	91	+	offense that is:
	92	+	(1) punishable as a felony; or
	93	+	(2) a misdemeanor punishable by confinement.
	94	+	(b) Notwithstanding any other law, a defendant to whom this
	95	+	article applies may be released on bail only by a magistrate who is:
	96	+	(1) a resident of this state and one of the counties
	97	+	served by the magistrate; and
	98	+	(2) in compliance with the training requirements of
	99	+	Article 17.024.
	100	+	(c) A magistrate is not eligible to release on bail a
	101	+	defendant described by Subsection (a) if the magistrate:
	102	+	(1) has been removed from office by impeachment, by
	103	+	the supreme court, by the governor on address to the legislature, by
	104	+	a tribunal reviewing a recommendation of the State Commission on
	105	+	Judicial Conduct, or by the legislature's abolition of the
	106	+	magistrate's court; or
	107	+	(2) has resigned from office after having received
	108	+	notice that formal proceedings by the State Commission on Judicial
	109	+	Conduct have been instituted as provided by Section 33.022,
	110	+	Government Code, and before final disposition of the proceedings.
	111	+	Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The
	112	+	Office of Court Administration of the Texas Judicial System shall,
	113	+	in consultation with the court of criminal appeals, develop or
	114	+	approve training courses regarding a magistrate's duties,
	115	+	including duties under Article 17.022 and duties with respect to
	116	+	setting bail in criminal cases. The courses developed must
	117	+	include:
	118	+	(1) a 16-hour initial training course; and
	119	+	(2) a four-hour continuing education course.
	120	+	(b) The office shall provide for a method of certifying that
	121	+	a magistrate has successfully completed a training course required
	122	+	under this article and has demonstrated competency of the course
	123	+	content in a manner acceptable to the office.
	124	+	(c) A magistrate is in compliance with the training
	125	+	requirements of this article if:
	126	+	(1) not later than the 90th day after the date the
	127	+	magistrate takes office, the magistrate successfully completes the
	128	+	course described by Subsection (a)(1);
	129	+	(2) the magistrate successfully completes the course
	130	+	described by Subsection (a)(2) in each subsequent state fiscal
	131	+	biennium in which the magistrate serves; and
	132	+	(3) the magistrate demonstrates competency in a manner
	133	+	acceptable to the office.
	134	+	(c-1) Notwithstanding Subsection (c), a magistrate who is
	135	+	serving on December 1, 2021, is considered to be in compliance with
	136	+	Subsection (c)(1) if the magistrate successfully completes the
	137	+	training course not later than June 1, 2022. This subsection
	138	+	expires January 1, 2023.
	139	+	(d) Any course developed or approved by the office under
	140	+	this article may be administered by the Texas Justice Court
	141	+	Training Center, the Texas Municipal Courts Education Center, the
	142	+	Texas Association of Counties, the Texas Center for the Judiciary,
	143	+	or a similar entity.
	144	+	Art. 17.028. BAIL DECISION. (a) Without unnecessary delay
	145	+	but not later than 48 hours after a defendant is arrested, a
	146	+	magistrate shall order, after individualized consideration of all
	147	+	circumstances and of the factors required by Article 17.15, that
	148	+	the defendant be:
	149	+	(1) granted personal bond with or without conditions;
	150	+	(2) granted monetary bond with or without conditions;
	151	+	or
	152	+	(3) denied bail in accordance with the Texas
	153	+	Constitution and other law.
	154	+	(b) In making a bail decision under this article, the
	155	+	magistrate shall impose, as applicable, the least restrictive
	156	+	conditions, if any, and minimum amount of bail, if any, whether
	157	+	personal bond or monetary bond, necessary to reasonably ensure the
	158	+	defendant's appearance in court as required and the safety of the
	159	+	community, law enforcement, and the victim of the alleged offense.
	160	+	(c) In each criminal case, unless specifically provided by
	161	+	other law, there is a rebuttable presumption that bail, conditions
	162	+	of release, or both bail and conditions of release are sufficient to
	163	+	reasonably ensure the defendant's appearance in court as required
	164	+	and the safety of the community, law enforcement, and the victim of
	165	+	the alleged offense. For purposes of setting bail or rebutting the
	166	+	presumption, the court is not required to hold an evidentiary
	167	+	hearing.
	168	+	(d) A judge may not adopt a bail schedule or enter a standing
	169	+	order related to bail that:
	170	+	(1) is inconsistent with this article; or
	171	+	(2) authorizes a magistrate to make a bail decision
	172	+	for a defendant without considering the factors in Article 17.15.
	173	+	(e) A defendant who is denied bail or who is unable to give
	174	+	bail in the amount required by any bail schedule or standing order
	175	+	related to bail shall be provided with the warnings described by
	176	+	Article 15.17.
	177	+	(f) A defendant who is unable to give bail in an amount
	178	+	required by any bail schedule or standing order related to bail may
	179	+	file with the applicable magistrate a sworn affidavit declaring the
	180	+	maximum amount that the defendant would be able to pay or provide as
	181	+	security within 24 hours of arrest for purposes of obtaining a bail
	182	+	bond. The affidavit must set out sufficient facts to clearly
	183	+	establish that amount, given the totality of the defendant's
	184	+	circumstances.
	185	+	(g) A defendant who files an affidavit under Subsection (f)
	186	+	is entitled to a hearing before the magistrate on the bail amount.
	187	+	At the hearing or a review, the magistrate shall consider the facts
	188	+	stated in the affidavit and the rules established by Article 17.15
	189	+	and set the defendant's bail. The magistrate may deviate from any
	190	+	bail schedule or standing order related to bail in setting a
	191	+	defendant's bail under this subsection. The magistrate shall issue
	192	+	oral or written findings of fact supporting the decision.
	193	+	(h) This article does not prohibit a sheriff or other peace
	194	+	officer, or a jailer licensed under Chapter 1701, Occupations Code,
	195	+	from accepting bail under Article 17.20 or 17.22 before a public
	196	+	safety report has been prepared with respect to the defendant or
	197	+	before a bail decision has been made by a magistrate under this
	198	+	article.
	199	+	(i) In making a bail decision under this article, a
	200	+	magistrate may direct either of the following to monitor the
	201	+	defendant's compliance with a condition of bond set by the
	202	+	magistrate:
	203	+	(1) the personal bond office established under Article
	204	+	17.42 for the county in which the defendant is being detained; or
	205	+	(2) the community supervision and corrections
	206	+	department established under Section 76.002, Government Code, for
	207	+	the county in which the defendant is being detained.
	208	+	SECTION 4. Article 17.03, Code of Criminal Procedure, is
	209	+	amended by amending Subsection (b) and adding Subsection (b-2) to
	210	+	read as follows:
35	211		(b) Only the court before whom the case is pending may
36	212		release on personal bond a defendant who:
37	213		(1) is charged with an offense under the following
38	214		sections of the Penal Code:
39		-	(A) Section 19.03 (Capital Murder);
40		-	(B) Section 20.04 (Aggravated Kidnapping);
41		-	(C) Section 22.021 (Aggravated Sexual Assault);
42		-	(D) [Section 22.03 (Deadly Assault on Law
	215	+	(A) [Section 19.03 (Capital Murder);
	216	+	[(B)] Section 20.04 (Aggravated Kidnapping);
	217	+	(B) [(C) Section 22.021 (Aggravated Sexual
	218	+	Assault);
	219	+	[(D) Section 22.03 (Deadly Assault on Law
43	220		Enforcement or Corrections Officer, Member or Employee of Board of
44	221		Pardons and Paroles, or Court Participant);
45	222		[(E)] Section 22.04 (Injury to a Child, Elderly
46	223		Individual, or Disabled Individual);
47		-	(E) [(F)] Section 29.03 (Aggravated Robbery);
48		-	(F) [(G)] Section 30.02 (Burglary);
49		-	(G) [(H)] Section 71.02 (Engaging in Organized
	224	+	(C) [(F)] Section 29.03 (Aggravated Robbery);
	225	+	(D) [(G)] Section 30.02 (Burglary); or
	226	+	(E) [(H)] Section 71.02 (Engaging in Organized
50	227		Criminal Activity);
51		-	~~(H)~~ [(I)] Section 21.02 (Continuous Sexual Abuse
52		-	of Young Child or Children); or
53		-	~~(I)~~ [(J)] Section 20A.03 (Continuous Trafficking
54		-	of Persons);
	228	+	[(I) Section 21.02 (Continuous Sexual Abuse of
	229	+	Young Child or Children); or
	230	+	[(J) Section 20A.03 (Continuous Trafficking of
	231	+	Persons);]
55	232		(2) is charged with a felony under Chapter 481, Health
56	233		and Safety Code, or Section 485.033, Health and Safety Code,
57	234		punishable by imprisonment for a minimum term or by a maximum fine
58	235		that is more than a minimum term or maximum fine for a first degree
59	236		felony; or
60	237		(3) does not submit to testing for the presence of a
61	238		controlled substance in the defendant's body as requested by the
62	239		court or magistrate under Subsection (c) of this article or submits
63	240		to testing and the test shows evidence of the presence of a
64	241		controlled substance in the defendant's body.
65		-	(b-2) A magistrate may not release on personal bond a
66		-	defendant who:
67		-	(1) is charged with committing an offense while
68		-	released on bail or community supervision for an offense involving
69		-	violence, as defined by Article 17.15(b); or
70		-	(2) has previously been convicted of an offense
71		-	involving violence, as defined by Article 17.15(b).
72		-	SECTION 3. Chapter 17, Code of Criminal Procedure, is
73		-	amended by adding Articles 17.0501, 17.0502, and 17.071 to read as
74		-	follows:
75		-	Art. 17.0501. REQUIRED TRAINING. The Department of Public
76		-	Safety shall develop training courses that relate to the use of the
77		-	statewide telecommunications system maintained by the department
78		-	and that are directed to each magistrate, judge, sheriff, peace
79		-	officer, or jailer required to obtain criminal history record
80		-	information under this chapter, as necessary to enable the person
81		-	to fulfill those requirements.
82		-	Art. 17.0502. COMPLETION OF BAIL FORM. (a) Each
83		-	magistrate, judge, sheriff, peace officer, or jailer shall, at the
84		-	time the person sets bail for a defendant under this chapter,
85		-	complete the form promulgated by the Office of Court Administration
86		-	of the Texas Judicial System under Section 72.036, Government Code.
87		-	(b) A person completing a form under this article shall
88		-	electronically deliver the completed form to the Office of Court
89		-	Administration of the Texas Judicial System as soon as is
90		-	practicable.
91		-	Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
92		-	article, "charitable bail organization" means a person who solicits
93		-	donations from the public for the purpose of depositing money with a
94		-	court in the amount of a defendant's bail bond. The term does not
95		-	include:
96		-	(1) a person soliciting donations with respect to a
97		-	defendant who is a member of the person's family, as determined
98		-	under Section 71.003, Family Code; or
99		-	(2) a nonprofit corporation organized for the purpose
100		-	of religious worship.
101		-	(b) This article does not apply to a charitable bail
102		-	organization that pays a bail bond for not more than three
103		-	defendants in any 180-day period.
104		-	(c) A charitable bail organization shall file in the office
105		-	of the county clerk of each county where the organization intends to
106		-	pay bail bonds an affidavit designating the individuals authorized
107		-	to pay bonds on behalf of the organization.
108		-	(d) A charitable bail organization may only pay bail bonds
109		-	for indigent defendants who:
110		-	(1) are not charged with an offense involving
111		-	violence, as defined by Article 17.15(b); and
112		-	(2) have not previously been convicted of an offense
113		-	involving violence, as defined by Article 17.15(b).
114		-	(e) Not later than the 10th day of each month, a charitable
115		-	bail organization shall submit, to the sheriff of each county in
116		-	which the organization files an affidavit under Subsection (c), a
117		-	report that includes the following information for each defendant
118		-	for whom the organization paid a bail bond in the preceding calendar
119		-	month:
120		-	(1) the name of the defendant;
121		-	(2) the cause number of the case;
122		-	(3) the county in which the applicable charge is
123		-	pending, if different from the county in which the bond was paid;
124		-	and
125		-	(4) any dates on which the defendant has failed to
126		-	appear in court as required for the charge for which the bond was
127		-	paid.
128		-	(f) A charitable bail organization may not pay a bail bond
129		-	for a defendant at any time the organization is considered to be out
130		-	of compliance with the reporting requirements of this article.
131		-	(g) A sheriff may suspend a charitable bail organization
132		-	from paying bail bonds in the sheriff's county for one year if the
133		-	sheriff determines the organization has paid bonds in violation of
134		-	this article.
135		-	(h) Chapter 22 applies to a bail bond paid by a charitable
136		-	bail organization.
137		-	(i) A charitable bail organization may not accept a premium
138		-	or compensation for paying a bail bond for a defendant.
139		-	SECTION 4. Article 17.15, Code of Criminal Procedure, is
140		-	amended to read as follows:
141		-	Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. (a) The
142		-	amount of bail to be required in any case is to be regulated by the
143		-	court, judge, magistrate or officer taking the bail; they are to be
144		-	governed in the exercise of this discretion by the Constitution and
145		-	by the following rules:
146		-	1. The bail shall be sufficiently high to give reasonable
147		-	assurance that the undertaking will be complied with.
148		-	2. The power to require bail is not to be so used as to make
149		-	it an instrument of oppression.
150		-	3. The nature of the offense and the circumstances under
151		-	which it was committed are to be considered, including whether the
152		-	offense is an offense involving violence and whether the violence
153		-	was directed against a peace officer.
154		-	4. The ability to make bail is to be regarded, and proof may
155		-	be taken upon this point.
156		-	5. The future safety of a victim of the alleged offense and
157		-	the community shall be considered.
158		-	6. The criminal history of the defendant, including any
159		-	other pending criminal charges and any instances in which the
160		-	defendant failed to appear in court following release on bail, is to
161		-	be considered.
162		-	7. The citizenship status of the defendant is to be
163		-	considered.
164		-	(b) In this article, "offense involving violence" means an
165		-	offense under the following sections of the Penal Code:
	242	+	(b-2) Notwithstanding any other law, a defendant may not be
	243	+	released on personal bond if the defendant is charged with an
	244	+	offense under the following provisions of the Penal Code:
166	245		(1) Section 19.02 (Murder);
167	246		(2) Section 19.03 (Capital Murder);
168		-	(3) Section 20.03 (kidnapping);
169		-	(4) Section 20.04 (aggravated kidnapping);
170		-	(5) Section 20A.03 (continuous trafficking of
	247	+	(3) Section 20A.02 (Trafficking of Persons);
	248	+	(4) Section 20A.03 (Continuous Trafficking of
171	249		Persons);
172		-	(6) Section 21.02 (continuous sexual abuse of young
	250	+	(5) Section 21.02 (Continuous Sexual Abuse of Young
173	251		Child or Children);
174		-	(7) Section 21.11 (indecency with a child);
175		-	(8) Section 22.01(a)(1) (assault), if the offense:
176		-	(A) involved family violence as defined by
177		-	Section 71.004, Family Code; or
178		-	(B) is punishable as a felony of the second
179		-	degree under Subsection (b-2) of that section (assault of a peace
180		-	officer or judge);
181		-	(9) Section 22.011 (sexual assault);
182		-	(10) Section 22.02 (aggravated assault);
183		-	(11) Section 22.021 (aggravated sexual assault);
184		-	(12) Section 22.04 (injury to a child, elderly
185		-	individual, or disabled individual);
186		-	(13) Section 25.072 (repeated violation of certain
187		-	court orders or conditions of bond in family violence, child abuse
188		-	or neglect, sexual assault or abuse, indecent assault, stalking, or
189		-	trafficking case);
190		-	(14) Section 25.11 (continuous violence against the
191		-	family);
192		-	(15) Section 29.03 (aggravated robbery); or
193		-	(16) Section 38.14 (taking or attempting to take
194		-	weapon from peace officer, federal special investigator, employee
195		-	or official of correctional facility, parole officer, community
196		-	supervision and corrections department officer, or commissioned
197		-	security officer).
198		-	SECTION 5. Chapter 17, Code of Criminal Procedure, is
199		-	amended by adding Articles 17.1501 and 17.1502 to read as follows:
200		-	Art. 17.1501. CONTINUING EDUCATION. (a) A judge or
201		-	magistrate with the authority to set bail for defendants shall,
202		-	within one year after the date the judge or magistrate first assumes
203		-	office, successfully complete a four-hour course with respect to
204		-	the judge's or magistrate's duties under Article 15.17 and setting
205		-	bail in criminal cases.
206		-	(b) Each following year, a judge or magistrate described by
207		-	Subsection (a) shall successfully complete a two-hour course with
208		-	respect to the judge's or magistrate's duties under Article 15.17
209		-	and setting bail in criminal cases.
210		-	(c) The courses may be completed through a course in bail
211		-	bond law that is:
212		-	(1) approved by the State Bar of Texas; and
213		-	(2) offered:
214		-	(A) by a public or accredited private institution
215		-	of higher education in this state; or
216		-	(B) through a program approved by a court
217		-	education committee.
218		-	Art. 17.1502. BAIL SCHEDULE; HEARING. (a) The judges of
219		-	the courts trying criminal cases in a county may promulgate a
220		-	standing order setting out a schedule of suggested bail amounts for
221		-	any offense over which the courts have jurisdiction under Chapter
222		-	4.
223		-	(b) A standing order promulgated in accordance with this
224		-	article must require that the factors under Article 17.15 be
225		-	considered before a defendant's bail is set.
226		-	(c) A defendant who is unable to give bail in the amount
227		-	required by the schedule must be given an opportunity to file with
228		-	the applicable magistrate a sworn affidavit in substantially the
229		-	following form:
230		-	"On this ___ day of _____ , 20 ____, I have been advised by the
231		-	(name of the court) Court of the importance of providing true and
232		-	complete information about my financial situation in connection
233		-	with the charge pending against me. I am without means to pay
234		-	______ and I hereby request the court to set an appropriate bail.
235		-	(signature of defendant)."
236		-	(d) The Office of Court Administration of the Texas Judicial
237		-	System shall promulgate a form to be completed by a defendant filing
238		-	an affidavit under Subsection (c) to allow a magistrate to assess
239		-	information relevant to the defendant's financial situation. The
240		-	form must collect, at a minimum, the following information:
241		-	(1) any income received by the defendant and the
242		-	defendant's spouse in the preceding two years;
243		-	(2) the defendant's employment history and the
244		-	employment history of the defendant's spouse, including gross
245		-	monthly pay, for the preceding two years;
246		-	(3) any cash holdings available to the defendant or
247		-	the defendant's spouse and the financial institution in which the
248		-	cash is held;
249		-	(4) the defendant's major non-cash assets, including
250		-	real estate and motor vehicles;
251		-	(5) money owed to the defendant or to the defendant's
252		-	spouse;
253		-	(6) any dependents of the defendant or of the
254		-	defendant's spouse, and the dependents' ages;
255		-	(7) an itemized estimate of the defendant's monthly
256		-	expenses;
257		-	(8) an estimate of the defendant's tax and legal
258		-	expenses;
259		-	(9) any anticipated major changes in the defendant's
260		-	income or expenses; and
261		-	(10) any additional relevant information the
262		-	defendant is able to provide to explain the defendant's inability
263		-	to pay bail according to the schedule.
264		-	(e) A defendant who files an affidavit under Subsection (c)
265		-	is entitled to a hearing before the magistrate on the bail amount.
266		-	The hearing must be held not later than 48 hours after the affidavit
267		-	is filed. At the hearing, the magistrate shall require the
268		-	defendant to sign the form described by Subsection (d) in the
269		-	presence of the magistrate and under penalty of perjury. After the
270		-	form is signed, the magistrate shall consider the facts stated in
271		-	the form and the rules established by Article 17.15 and shall set
272		-	the defendant's bail. The magistrate shall issue oral or written
273		-	findings of fact supporting the bail decision.
274		-	SECTION 6. Article 17.20, Code of Criminal Procedure, is
	252	+	(6) Section 21.11 (Indecency with a Child);
	253	+	(7) Section 22.021 (Aggravated Sexual Assault);
	254	+	(8) Section 43.04 (Aggravated Promotion of
	255	+	Prostitution), if the defendant is not alleged to have engaged in
	256	+	conduct constituting an offense under Section 43.02(a);
	257	+	(9) Section 43.05 (Compelling Prostitution); or
	258	+	(10) Section 43.25 (Sexual Performance by a Child).
	259	+	SECTION 5. Article 17.15, Code of Criminal Procedure, is
275	260		amended to read as follows:
276		-	Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
277		-	misdemeanor, the sheriff or other peace officer, or a jailer
278		-	licensed under Chapter 1701, Occupations Code, may, whether during
279		-	the term of the court or in vacation, where the officer has a
280		-	defendant in custody, take of the defendant a bail bond.
281		-	(b) Before taking a bail bond under this article, the
282		-	sheriff, peace officer, or jailer shall obtain the defendant's
283		-	criminal history record information through the statewide
284		-	telecommunications system maintained by the Department of Public
285		-	Safety. If the defendant is charged with an offense involving
286		-	violence or has previously been convicted of an offense involving
287		-	violence, the sheriff, officer, or jailer may not set the amount of
288		-	the defendant's bail but may take of the defendant a bail bond in
289		-	the amount fixed by the court. For purposes of this subsection,
290		-	"offense involving violence" has the meaning assigned by Article
291		-	17.15(b).
292		-	SECTION 7. Article 17.22, Code of Criminal Procedure, is
293		-	amended to read as follows:
294		-	Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
295		-	if the court before which the case [same] is pending is not in
296		-	session in the county where the defendant is in custody, the sheriff
297		-	or other peace officer, or a jailer licensed under Chapter 1701,
298		-	Occupations Code, who has the defendant in custody may take the
299		-	defendant's bail bond in the [such] amount [as may have been] fixed
300		-	by the court or magistrate, or if no amount has been fixed, then in
301		-	any [such] amount as the [such] officer considers [may consider]
302		-	reasonable.
303		-	(b) Before taking a bail bond under this article, the
304		-	sheriff, peace officer, or jailer shall obtain the defendant's
305		-	criminal history record information through the statewide
306		-	telecommunications system maintained by the Department of Public
307		-	Safety. If the defendant is charged with an offense involving
308		-	violence or has previously been convicted of an offense involving
309		-	violence, the sheriff, officer, or jailer may not set the amount of
310		-	the defendant's bail but may take of the defendant a bail bond in
311		-	the amount fixed by the court. For purposes of this subsection,
312		-	"offense involving violence" has the meaning assigned by Article
313		-	17.15(b).
314		-	SECTION 8. Section 27.005, Government Code, is amended to
	261	+	Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
	262	+	The amount of bail and the associated conditions of bail to be
	263	+	required in any case are [is] to be regulated by the court, judge,
	264	+	magistrate, or officer taking the bail in accordance with Articles
	265	+	17.20, 17.21, and 17.22 and [; they] are [to be] governed [in the
	266	+	exercise of this discretion] by the Constitution and [by] the
	267	+	following rules:
	268	+	(1) [1.] The amount of bail, if any, and associated
	269	+	conditions of bail, if any, shall be sufficient [sufficiently high]
	270	+	to give reasonable assurance that the undertaking will be complied
	271	+	with.
	272	+	(2) [2.] The power to require bail is not to be so
	273	+	used as to make it an instrument of oppression.
	274	+	(3) [3.] The nature of the offense, [and] the
	275	+	circumstances under which the offense [it] was committed, and the
	276	+	defendant's criminal history, including acts of family violence,
	277	+	shall [are to] be considered, except that a misdemeanor or an
	278	+	offense under Chapter 481, Health and Safety Code, that occurred
	279	+	more than 10 years before the current offense may not be considered
	280	+	unless the previous offense involved the manufacture or delivery of
	281	+	a controlled substance or caused bodily injury, as defined by
	282	+	Section 1.07, Penal Code, to another, or unless good cause
	283	+	otherwise exists for considering that offense.
	284	+	(4) [4.] The ability to make bail shall [is to] be
	285	+	considered [regarded], and proof may be taken upon this point.
	286	+	(5) [5.] The future safety of a victim of the alleged
	287	+	offense, law enforcement, and the community shall be considered.
	288	+	(6) Any public safety report prepared using the
	289	+	validated public safety report system developed under Article
	290	+	17.021 shall be considered.
	291	+	(7) Any other relevant facts or circumstances may be
	292	+	considered.
	293	+	(b) In this article, "family violence" has the meaning
	294	+	assigned by Section 71.004, Family Code.
	295	+	SECTION 6. Chapter 17, Code of Criminal Procedure, is
	296	+	amended by adding Articles 17.50, 17.51, and 17.52 to read as
	297	+	follows:
	298	+	Art. 17.50. NOTICE OF CONDITIONS. (a) As soon as
	299	+	practicable but not later than the next business day after the date
	300	+	a magistrate issues an order imposing a condition of release on bond
	301	+	for a defendant or modifying or removing a condition previously
	302	+	imposed, the clerk of the court shall send a copy of the order to:
	303	+	(1) the appropriate attorney representing the state;
	304	+	and
	305	+	(2) either:
	306	+	(A) the chief of police in the municipality where
	307	+	the defendant resides, if the defendant resides in a municipality;
	308	+	or
	309	+	(B) the sheriff of the county where the defendant
	310	+	resides, if the defendant does not reside in a municipality.
	311	+	(b) A clerk of the court may delay sending a copy of the
	312	+	order under Subsection (a) only if the clerk lacks information
	313	+	necessary to ensure service and enforcement.
	314	+	(c) If an order described by Subsection (a) prohibits a
	315	+	defendant from going to or near a child care facility or school, the
	316	+	clerk of the court shall send a copy of the order to the child care
	317	+	facility or school.
	318	+	(d) The copy of the order and any related information may be
	319	+	sent electronically or in another manner that can be accessed by the
	320	+	recipient.
	321	+	(e) The magistrate or the magistrate's designee shall
	322	+	provide written notice to the defendant of:
	323	+	(1) the conditions of release on bond; and
	324	+	(2) the penalties for violating a condition of
	325	+	release.
	326	+	(f) The magistrate shall make a separate record of the
	327	+	notice provided to the defendant under Subsection (e).
	328	+	(g) The Office of Court Administration of the Texas Judicial
	329	+	System shall promulgate a form for use by a magistrate in providing
	330	+	notice to the defendant under Subsection (e). The form must include
	331	+	the relevant statutory language from the provisions of this chapter
	332	+	under which a condition of release on bond may be imposed on a
	333	+	defendant.
	334	+	Art. 17.51. REPORTING OF CONDITIONS. A chief of police or
	335	+	sheriff who receives a copy of an order under Article 17.50(a), or
	336	+	the chief's or sheriff's designee, shall, as soon as practicable but
	337	+	not later than the 10th day after the date the copy is received,
	338	+	enter information relating to the condition of release into the
	339	+	appropriate database of the statewide law enforcement information
	340	+	system maintained by the Department of Public Safety or modify or
	341	+	remove information, as appropriate.
	342	+	Art. 17.52. PROCEDURES AND FORMS RELATED TO CASH BAIL BOND.
	343	+	The Office of Court Administration of the Texas Judicial System
	344	+	shall develop statewide procedures and prescribe forms to be used
	345	+	by a court to facilitate:
	346	+	(1) the refund of a cash bail bond, with an emphasis on
	347	+	refunding the bail bond to the person in whose name the receipt
	348	+	described by Article 17.02 was issued; and
	349	+	(2) the application of a cash bail bond paid by a
	350	+	person other than a defendant to the defendant's outstanding court
	351	+	costs and fees.
	352	+	SECTION 7. (a) Article 17.02, Code of Criminal Procedure,
	353	+	is amended to read as follows:
	354	+	Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
	355	+	written undertaking entered into by the defendant and the
	356	+	defendant's sureties for the appearance of the principal therein
	357	+	before a court or magistrate to answer a criminal accusation;
	358	+	provided, however, that the defendant on execution of the bail bond
	359	+	may deposit with the custodian of funds of the court in which the
	360	+	prosecution is pending current money of the United States in the
	361	+	amount of the bond in lieu of having sureties signing the same. Any
	362	+	cash funds deposited under this article shall be receipted for by
	363	+	the officer receiving the funds and, on order of the court, be
	364	+	refunded in the amount shown on the face of the receipt less the
	365	+	administrative fee authorized by Section 117.055, Local Government
	366	+	Code, if applicable, after the defendant complies with the
	367	+	conditions of the defendant's bond, to:
	368	+	(1) any person in the name of whom a receipt was
	369	+	issued, including the defendant if a receipt was issued to the
	370	+	defendant; or
	371	+	(2) the defendant, if no other person is able to
	372	+	produce a receipt for the funds.
	373	+	(b) Section 117.055, Local Government Code, is amended by
	374	+	amending Subsection (a) and adding Subsections (a-1) and (a-2) to
315	375		read as follows:
316		-	Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes
317		-	of removal under Chapter 87, Local Government Code, "incompetency"
318		-	in the case of a justice of the peace includes the failure of the
319		-	justice to successfully complete:
320		-	(1) within one year after the date the justice is first
321		-	elected:
322		-	(A) [,] an 80-hour course in the performance of
323		-	the justice's duties; and
324		-	(B) the course described by Article 17.1501(a),
325		-	Code of Criminal Procedure; and
326		-	(2) each following year:
327		-	(A) [,] a 20-hour course in the performance of
328		-	the justice's duties, including not less than 10 hours of
329		-	instruction regarding substantive, procedural, and evidentiary law
330		-	in civil matters; and
331		-	(B) the course described by Article 17.1501(b),
332		-	Code of Criminal Procedure.
333		-	(b) The courses described by Subsections (a)(1)(A) and
334		-	(a)(2)(A) may be completed in an accredited state-supported school
335		-	of higher education.
336		-	SECTION 9. Subchapter C, Chapter 71, Government Code, is
337		-	amended by adding Section 71.0351 to read as follows:
338		-	Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
339		-	As a component of the official monthly report submitted to the
340		-	Office of Court Administration of the Texas Judicial System under
341		-	Section 71.035, the clerk of each court setting bail in criminal
342		-	cases shall report:
343		-	(1) the number of defendants for whom bail was set,
344		-	including:
345		-	(A) the number for each category of offense; and
346		-	(B) the number of personal bonds;
347		-	(2) the number of defendants who posted bail;
348		-	(3) the number of defendants released on bail who
349		-	subsequently failed to appear or violated a condition of release;
	376	+	(a) Except as provided by Subsection (a-1), to [To]
	377	+	compensate the county for the accounting and administrative
	378	+	expenses incurred in handling the registry funds that have not
	379	+	earned interest, including funds in a special or separate account,
	380	+	the clerk shall, at the time of withdrawal, deduct from the amount
	381	+	of the withdrawal a fee in an amount equal to five percent of the
	382	+	withdrawal but that may not exceed $50. Withdrawal of funds
	383	+	generated from a case arising under the Family Code is exempt from
	384	+	the fee deduction provided by this section.
	385	+	(a-1) A clerk may not deduct a fee under Subsection (a) from
	386	+	a withdrawal of funds generated by the collection of a cash bond or
	387	+	cash bail bond if in the case for which the bond was taken:
	388	+	(1) the defendant was found not guilty after a trial or
	389	+	appeal; or
	390	+	(2) the complaint, information, or indictment was
	391	+	dismissed without a plea of guilty or nolo contendere being
	392	+	entered.
	393	+	(a-2) On the request of a person to whom withdrawn funds
	394	+	generated by the collection of a cash bond or cash bail bond were
	395	+	disbursed, the clerk shall refund to the person the amount of the
	396	+	fee deducted under Subsection (a) if:
	397	+	(1) subsequent to the deduction, a court makes or
	398	+	enters an order or ruling in the case for which the bond was taken;
350	399		and
351		-	(4) the number of defendants who committed an offense
352		-	while released on bail or community supervision.
353		-	(b) The Office of Court Administration of the Texas Judicial
354		-	System shall post the information in a publicly accessible place on
355		-	the agency's Internet website without disclosing any personal
356		-	information of any defendant, judge, or magistrate.
357		-	SECTION 10. Subchapter C, Chapter 72, Government Code, is
358		-	amended by adding Section 72.036 to read as follows:
359		-	Sec. 72.036. BAIL FORM. (a) The office shall promulgate a
360		-	form to be completed each time a magistrate, judge, sheriff, peace
361		-	officer, or jailer sets a defendant's bail under Chapter 17, Code of
362		-	Criminal Procedure.
363		-	(b) The form must:
364		-	(1) state the requirements for setting bail under
365		-	Article 17.15, Code of Criminal Procedure;
366		-	(2) require the person setting bail to certify that
367		-	the person considered all of the information required under that
368		-	article; and
369		-	(3) be signed by the person setting the bail.
370		-	(c) The office shall publish each form submitted under
371		-	Article 17.0502, Code of Criminal Procedure, in a database that is
372		-	publicly accessible on the office's Internet website.
373		-	SECTION 11. Article 66.102(c), Code of Criminal Procedure,
374		-	is amended to read as follows:
375		-	(c) Information in the computerized criminal history system
376		-	relating to an arrest must include:
377		-	(1) the offender's name;
378		-	(2) the offender's state identification number;
379		-	(3) the arresting law enforcement agency;
380		-	(4) the arrest charge, by offense code and incident
381		-	number;
382		-	(5) whether the arrest charge is a misdemeanor or
383		-	felony;
384		-	(6) the date of the arrest;
385		-	(7) for an offender released on bail, whether a
386		-	warrant was issued for any subsequent failure of the offender to
387		-	appear in court;
388		-	(8) the exact disposition of the case by a law
389		-	enforcement agency following the arrest; and
390		-	(9) [(8)] the date of disposition of the case by the
391		-	law enforcement agency.
392		-	SECTION 12. A judge or magistrate who is serving on the
393		-	effective date of this Act must complete the judge's or
394		-	magistrate's:
395		-	(1) initial training under Article 17.1501(a), Code of
396		-	Criminal Procedure, as added by this Act, not later than September
397		-	1, 2022; and
398		-	(2) first required course under Article 17.1501(b),
399		-	Code of Criminal Procedure, as added by this Act, not later than
400		-	September 1, 2023.
401		-	SECTION 13. The changes in law made by this Act apply only
	400	+	(2) had the court made or entered the order or ruling
	401	+	before the withdrawal of funds occurred, the deduction under
	402	+	Subsection (a) would have been prohibited under Subsection (a-1).
	403	+	(c) Section 117.055, Local Government Code, as amended by
	404	+	this section, applies only to a withdrawal of funds from a court
	405	+	registry under Section 117.055, Local Government Code, made on or
	406	+	after September 1, 2021. A withdrawal of funds from a court
	407	+	registry made before September 1, 2021, is governed by the law in
	408	+	effect on the date the withdrawal was made, and the former law is
	409	+	continued in effect for that purpose.
	410	+	(d) This section takes effect September 1, 2021.
	411	+	SECTION 8. As soon as practicable but not later than
	412	+	December 1, 2021, the Office of Court Administration of the Texas
	413	+	Judicial System shall create and provide access to the appropriate
	414	+	officials in each county the validated public safety report system
	415	+	developed under Article 17.021, Code of Criminal Procedure, as
	416	+	added by this Act, and any related forms and materials, at no cost.
	417	+	If those items are made available before December 1, 2021, the
	418	+	office shall notify each court clerk, judge or other magistrate,
	419	+	and office of an attorney representing the state.
	420	+	SECTION 9. (a) As soon as practicable but not later than
	421	+	December 1, 2021, the Office of Court Administration of the Texas
	422	+	Judicial System shall:
	423	+	(1) promulgate the form required by Article 17.50(g),
	424	+	Code of Criminal Procedure, as added by this Act; and
	425	+	(2) develop or approve and make available the training
	426	+	courses and certification method as described by Article 17.024,
	427	+	Code of Criminal Procedure, as added by this Act, and develop the
	428	+	procedures and prescribe the forms required by Article 17.52, Code
	429	+	of Criminal Procedure, as added by this Act.
	430	+	(b) If the items described by Subsection (a) of this section
	431	+	are made available before December 1, 2021, the office shall notify
	432	+	each court clerk, judge or other magistrate, and office of an
	433	+	attorney representing the state.
	434	+	SECTION 10. The changes in law made by this Act apply only
402	435		to a person who is arrested on or after the effective date of this
403	436		Act. A person arrested before the effective date of this Act is
404	437		governed by the law in effect on the date the person was arrested,
405	438		and the former law is continued in effect for that purpose.
406		-	SECTION 14. This Act takes effect September 1, 2021.
407		-	* * * * *
	439	+	SECTION 11. (a) Except as provided by Subsection (b) of
	440	+	this section, this Act takes effect December 1, 2021.
	441	+	(b) Articles 17.021 and 17.024, Code of Criminal Procedure,
	442	+	as added by this Act, and Sections 8 and 9 of this Act take effect
	443	+	September 1, 2021.