Texas 2021 - 87th Regular

Texas House Bill HB4145 Compare Versions

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

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1	1	By: Coleman H.B. No. 4145
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
62	62	this 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 by adding subsection (25) and (26) to read as follows:
74	74	(25) adopt reasonable rules and procedures
75	75	establishing minimum standards regarding the management of an
76	76	intoxicated prisoner in county jails; and
77	77	(26) adopt reasonable rules and procedures
78	78	establishing minimum standards regarding the prevention of sexual
79	79	assault, use of force, and intoxicated inmates in county jails.
80	80	SECTION 2.02. Section 511.020(e), Government Code, is added
81	81	to read as follows:
82	82	(e) the reports described in this section ought to be broken
83	83	down by gender and race or ethnicity of the prisoner.
84	84	SECTION 2.03. Not later than September 1, 2021, the
85	85	Commission on Jail Standards shall adopt the rules and procedures
86	86	required by Sections 511.009(a)(25) and (26), Government Code, as
87	87	added by this article. On and after January 1, 2022, a county jail
88	88	shall comply with any rule or procedure adopted by the Commission on
89	89	Jail Standards under those subdivisions.
90	90	ARTICLE 3. MOTOR VEHICLE STOPS, SEARCHES, AND ISSUANCE OF
91	91	CITATIONS
92	92	SECTION 3.01. Article 2.13, Code of Criminal Procedure, is
93	93	amended by adding Subsection (g) and (h) to read as follows:
94	94	(g) The officer may not conduct a search based solely on a
95	95	person's consent to the search unless:
96	96	(1) the officer verbally and in writing informs the
97	97	person of the person's right to refuse the search; and
98	98	(2) the person signs an acknowledgment that the
99	99	person:
100	100	(A) received the information described by
101	101	Subdivision (1); and
102	102	(B) consents to the search.
103	103	(h) The officer may not make a stop for an alleged violation
104	104	of a traffic law or ordinance as a pretext for investigating a
105	105	violation of another penal law.
106	106	SECTION 3.02. Article 2.133, Code of Criminal Procedure, is
107	107	amended by amending Subsection (c) and adding (d) to read as
108	108	follows:
109	109	(c) The chief administrator of a law enforcement agency,
110	110	regardless of whether the administrator is elected, employed, or
111	111	appointed, is responsible for auditing reports under Subsection (b)
112	112	to ensure that they are complete and accuratethe race or ethnicity
113	113	of the person operating the motor vehicle is being reported.
114	114	(d) The information in the report referenced in subsection
115	115	(b)(2-9) shall be broken down by the categorize in (b)(1).
116	116	SECTION 3.03. Article 2.134(f), Code of Criminal Procedure,
117	117	is amended to read as follows:
118	118	(f) The data collected as a result of the reporting
119	119	requirements of this article shall not constitute prima facie
120	120	evidence of racial profiling but is admissible in a court of law.
121	121	SECTION 3.04. Chapter 2, Code of Criminal Procedure, is
122	122	amended by adding Article 2.135 to read as follows:
123	123	Art. 2.135. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In this
124	124	article, "law enforcement agency" and "motor vehicle stop" have the
125	125	meanings assigned by Article 2.132(a).
126	126	(b) Each law enforcement agency shall adopt and implement a
127	127	detailed written policy regarding the administration of a motor
128	128	vehicle stop investigation in accordance with this article,
129	129	including the administrative penalties for violations of the
130	130	policy. A law enforcement agency may adopt the model policy
131	131	promulgated by the Texas A&M System's Institute for Predictive
132	132	Analytics in Criminal Justice or the agency's own policy.
133	133	(c) A peace officer may not:
134	134	(1) conduct a roadside investigation during a motor
135	135	vehicle stop for an offense other than the traffic violation
136	136	without suspicion based on a preponderance of the evidence that the
137	137	driver has committed the other offense;
138	138	(2) continue a roadside investigation during a motor
139	139	vehicle stop into an offense other than the traffic violation after
140	140	the driver has refused to consent to be searched unless the peace
141	141	officer has additional suspicion based on a preponderance of the
142	142	evidence that the driver has committed the other offense; or
143	143	(3) arrest a driver during a motor vehicle stop for a
144	144	traffic violation to conduct a search incident to arrest unless the
145	145	officer has probable cause to believe that the driver has committed
146	146	an offense more serious than a Class C misdemeanor.
147	147	SECTION 3.05. Article 3.05, Code of Criminal Procedure, is
148	148	amended to read as follows:
149	149	Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
150	150	profiling" means a law enforcement-initiated action based on an
151	151	individual's race, ethnicity, or national origin rather than on the
152	152	individual's behavior or on information identifying the individual
153	153	as having engaged in criminal activity.
154	154	(b) Racial profiling may be identified through the
155	155	examination of sufficient and evidence-based data analysis, taking
156	156	into consideration the context and surroundings of an action
157	157	initiated by law enforcement.
158	158	SECTION 3.06. Article 14.06, Code of Criminal Procedure, is
159	159	amended by amending Subsection (b) and adding Subsection (b-1) to
160	160	read as follows:
161	161	(b) A peace officer who is charging a person, including a
162	162	child, with committing an offense that is a [Class C] misdemeanor
163	163	punishable by a fine only, other than an offense under Section
164	164	49.02, Penal Code, an offense under Chapter 106, Alcoholic Beverage
165	165	Code, or an offense for which the officer reasonably believes it is
166	166	necessary to take the person before a magistrate to prevent a
167	167	foreseeable injury or an altercation, shall [may], instead of
168	168	taking the person before a magistrate, issue a citation to the
169	169	person that contains:
170	170	(1) written notice of the time and place the person
171	171	must appear before a magistrate;
172	172	(2) the name and address of the person charged;
173	173	(3) the offense charged;
174	174	(4) information regarding the alternatives to the full
175	175	payment of any fine or costs assessed against the person, if the
176	176	person is convicted of the offense and is unable to pay that amount;
177	177	and
178	178	(5) the following admonishment, in boldfaced or
179	179	underlined type or in capital letters:
180	180	"If you are convicted of a misdemeanor offense involving
181	181	violence where you are or were a spouse, intimate partner, parent,
182	182	or guardian of the victim or are or were involved in another,
183	183	similar relationship with the victim, it may be unlawful for you to
184	184	possess or purchase a firearm, including a handgun or long gun, or
185	185	ammunition, pursuant to federal law under 18 U.S.C. Section
186	186	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
187	187	questions whether these laws make it illegal for you to possess or
188	188	purchase a firearm, you should consult an attorney."
189	189	(b-1) A peace officer who is charging a person, including a
190	190	child, with committing an offense that is a misdemeanor punishable
191	191	by a fine only under Chapter 106, Alcoholic Beverage Code, may,
192	192	instead of taking the person before a magistrate, issue to the
193	193	person a citation that contains written notice of the time and place
194	194	the person must appear before a magistrate, the name and address of
195	195	the person charged, and the offense charged.
196	196	SECTION 3.07. Section 543.004(a), Transportation Code, is
197	197	amended to read as follows:
198	198	(a) An officer shall issue a written notice to appear if:
199	199	(1) the offense charged is[:
200	200	[(A) speeding;
201	201	[(B) the use of a wireless communication device
202	202	under Section 545.4251; or
203	203	[(C)] a misdemeanor under this subtitle that is
204	204	punishable by a fine only [violation of the open container law,
205	205	Section 49.031, Penal Code]; and
206	206	(2) the person makes a written promise to appear in
207	207	court as provided by Section 543.005.
208	208	SECTION 3.08. Article 2.13(g), Code of Criminal Procedure,
209	209	as added by this article, applies only to a motor vehicle stop or
210	210	search that occurs on or after the effective date of this Act.
211	211	SECTION 3.09. The changes in law made by this article apply
212	212	only to an offense committed on or after the effective date of this
213	213	Act. An offense committed before the effective date of this Act is
214	214	governed by the law in effect on the date the offense was committed,
215	215	and the former law is continued in effect for that purpose. For
216	216	purposes of this section, an offense was committed before the
217	217	effective date of this article if any element of the offense
218	218	occurred before that date.
219	219	ARTICLE 4. CITIZEN OVERSIGHT BOARDS
220	220	SECTION 4.01. Section 143.009, Local Government Code, is
221	221	amended by amending subsection 143.009(b) to read as follows:
222	222	(b) During an investigation, the commission or the
223	223	commission member may:
224	224	(1) administer oaths;
225	225	(2) issue subpoenas to compel the attendance of any
226	226	relevant person or party to the investigation including but not
227	227	limited to the officer or party being investigatedwitnesses and
228	228	the production of books, papers, documents, and accounts relating
229	229	to the investigation; and
230	230	(3) cause the deposition of witnesses residing inside
231	231	or outside the state.
232	232	(c) A deposition taken in connection with an investigation
233	233	under this section must be taken in the manner prescribed by law for
234	234	taking a similar deposition in a civil action in federal district
235	235	court.
236	236	(d) An oath administered or a subpoena issued under this
237	237	section has the same force and effect as an oath administered by a
238	238	magistrate in the magistrate's judicial capacity.
239	239	(e) A person who fails to respond to a subpoena issued under
240	240	this section commits an offense punishable as prescribed by Section
241	241	143.016.
242	242	ARTICLE 5. POLICE TRAINING
243	243	SECTION 5.01. Section 1701.253, Occupations Code, is
244	244	amended by adding Subsection (q) to read as follows:
245	245	(q) As part of the minimum curriculum requirements, the
246	246	commission shall require an officer to complete a statewide
247	247	education and training program on tactical communication, and
248	248	implicit bias training.
249	249	SECTION 5.02. Section 1701.402, Occupations Code, is
250	250	amended by adding Subsection (p) to read as follows:
251	251	As a requirement for an intermediate proficiency
252	252	certificate, an officer must complete an education and training
253	253	program on tactical communication, and implicit bias training
254	254	established by the commission under Section 1701.253(q).
255	255	ARTICLE 6. EFFECTIVE DATE
256	256	SECTION 6.01. This Act takes effect September 1, 2021.