Texas 2021 - 87th Regular

Texas House Bill HB4281 Compare Versions

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

Old	New	Differences
1	1	87R11740 ADM-D
2	2	By: Sherman, Sr. H.B. No. 4281
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the pretrial release of defendants and a prohibition on
8	8	the use of monetary bail bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. This Act may be cited as the End Money Bail Act.
11	11	SECTION 2. Article 1.07, Code of Criminal Procedure, is
12	12	amended to read as follows:
13	13	Art. 1.07. RIGHT TO BAIL. (a) All prisoners shall be
14	14	bailable unless for capital offenses when the proof is evident.
15	15	This provision shall not be so construed as to prevent bail after
16	16	indictment found upon examination of the evidence, in such manner
17	17	as may be prescribed by law.
18	18	(b) Notwithstanding any other law, a prisoner may not be
19	19	required to deposit money with the court or provide financial
20	20	security for purposes of being released on bail.
21	21	SECTION 3. Article 14.06, Code of Criminal Procedure, is
22	22	amended by amending Subsection (b) and adding Subsection (b-1) to
23	23	read as follows:
24	24	(b) Subject to Subsection (b-1), a [A] peace officer who is
25	25	charging a person, including a child, with committing a misdemeanor
26	26	[an] offense shall [that is a Class C misdemeanor, other than an
27	27	offense under Section 49.02, Penal Code, may], instead of taking
28	28	the person before a magistrate, issue a citation to the person that
29	29	contains:
30	30	(1) written notice of the time and place the person
31	31	must appear before a magistrate;
32	32	(2) the name and address of the person charged;
33	33	(3) the offense charged;
34	34	(4) information regarding the alternatives to the full
35	35	payment of any fine or costs assessed against the person, if the
36	36	person is convicted of the offense and is unable to pay that amount;
37	37	and
38	38	(5) the following admonishment, in boldfaced or
39	39	underlined type or in capital letters:
40	40	"If you are convicted of a misdemeanor offense involving
41	41	violence where you are or were a spouse, intimate partner, parent,
42	42	or guardian of the victim or are or were involved in another,
43	43	similar relationship with the victim, it may be unlawful for you to
44	44	possess or purchase a firearm, including a handgun or long gun, or
45	45	ammunition, pursuant to federal law under 18 U.S.C. Section
46	46	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
47	47	questions whether these laws make it illegal for you to possess or
48	48	purchase a firearm, you should consult an attorney."
49	49	(b-1) Subsection (b) does not apply if the peace officer has
50	50	reasonable cause to believe that conditions of release are
51	51	necessary in accordance with Articles 17.021(b) and (c) to ensure
52	52	the person's appearance in court as required or to ensure the safety
53	53	of an identifiable person.
54	54	SECTION 4. Article 15.17(g), Code of Criminal Procedure, is
55	55	amended to read as follows:
56	56	(g) If a person charged with an offense punishable as a
57	57	misdemeanor appears before a magistrate in compliance with a
58	58	citation issued under Article 14.06(b) [or (c)], the magistrate
59	59	shall perform the duties imposed by this article in the same manner
60	60	as if the person had been arrested and brought before the magistrate
61	61	by a peace officer. After the magistrate performs the duties
62	62	imposed by this article, the magistrate shall [except for good
63	63	cause shown may] release the person on personal bond in accordance
64	64	with Article 17.021. If a person who was issued a citation for an
65	65	offense punishable as a Class A or B misdemeanor [under Article
66	66	14.06(c)] fails to appear as required by that citation, the
67	67	magistrate before which the person is required to appear shall
68	68	issue a warrant for the arrest of the accused.
69	69	SECTION 5. Chapter 17, Code of Criminal Procedure, is
70	70	amended by adding Articles 17.021, 17.022, and 17.023 to read as
71	71	follows:
72	72	Art. 17.021. RELEASE ON PERSONAL BOND REQUIRED. (a)
73	73	Notwithstanding any other law, in each case in which a defendant is
74	74	eligible for bail under the constitution and laws of this state, the
75	75	magistrate considering the defendant's release shall order that the
76	76	defendant be:
77	77	(1) released on personal bond without conditions of
78	78	release; or
79	79	(2) released on personal bond with conditions of
80	80	release.
81	81	(b) Except as provided by Subsection (c), a magistrate may
82	82	not impose any condition of release on the defendant unless the
83	83	magistrate determines by clear and convincing evidence after
84	84	considering the specific facts concerning the defendant that:
85	85	(1) release on personal bond without conditions is
86	86	insufficient to reasonably mitigate a high risk of nonappearance or
87	87	of serious bodily injury to an identifiable person; and
88	88	(2) the conditions to be imposed are the least
89	89	restrictive conditions necessary to mitigate the risk described by
90	90	Subdivision (1).
91	91	(c) A magistrate may not impose a condition of release that
92	92	restricts the liberty of the defendant unless the magistrate
93	93	determines by clear and convincing evidence that the conditions to
94	94	be imposed are the least restrictive conditions necessary to
95	95	reasonably mitigate a high risk of imminent, intentional flight or
96	96	of serious bodily injury to an identifiable person. For purposes of
97	97	this subsection, a condition that restricts the defendant's liberty
98	98	includes a condition:
99	99	(1) requiring pretrial supervision;
100	100	(2) requiring drug testing;
101	101	(3) requiring inpatient or outpatient treatment;
102	102	(4) imposing travel restrictions or home confinement;
103	103	(5) imposing a curfew; or
104	104	(6) requiring electronic monitoring.
105	105	(d) Any condition imposed on a defendant's release must
106	106	preserve the ability of the defendant to confer with the
107	107	defendant's attorney and prepare for trial.
108	108	(e) A magistrate who imposes conditions of release shall
109	109	issue an order that includes an explanation of how the conditions
110	110	constitute the least restrictive conditions necessary to address
111	111	the specific risks identified with respect to the defendant.
112	112	(f) A defendant has the right to be represented by counsel
113	113	at any hearing at which the magistrate imposes conditions of
114	114	release on the defendant.
115	115	(g) A magistrate may not require a defendant to pay any fee
116	116	related to any condition of release.
117	117	Art. 17.022. RELEASE ON PERSONAL BOND PENDING SENTENCING OR
118	118	APPEAL. (a) Following conviction, any conditions of release that
119	119	are imposed on the defendant under Article 17.021 are presumed to be
120	120	sufficient to ensure the defendant's appearance in court for
121	121	sentencing or pending any appeal.
122	122	(b) A court may impose additional conditions of release on
123	123	the defendant only after a hearing at which the defendant has the
124	124	right to be represented by counsel.
125	125	Art. 17.023. REPORTING TO OFFICE OF COURT ADMINISTRATION.
126	126	(a) Each magistrate who releases a defendant on personal bond shall
127	127	submit a monthly report to the Office of Court Administration of the
128	128	Texas Judicial System with the following information for each
129	129	defendant released:
130	130	(1) the name;
131	131	(2) the offense charged;
132	132	(3) the length of the period the defendant was in
133	133	custody before release; and
134	134	(4) the conditions of release imposed on the
135	135	defendant.
136	136	(b) A report required by Subsection (a) must be on a form
137	137	prescribed by the Office of Court Administration.
138	138	SECTION 6. Articles 14.06(c) and (d), Code of Criminal
139	139	Procedure, are repealed.
140	140	SECTION 7. (a) Except as provided by Subsection (b) of this
141	141	section, the change in law made by this Act applies only to a person
142	142	who is arrested on or after the effective date of this Act. A person
143	143	who is arrested before the effective date of this Act is governed by
144	144	the law in effect on the date the person was arrested, and the
145	145	former law is continued in effect for that purpose.
146	146	(b) The change in law made by this Act in amending Articles
147	147	14.06 and 15.17, Code of Criminal Procedure, applies only to a
148	148	person who is issued a citation on or after the effective date of
149	149	this Act. A person who is issued a citation before the effective
150	150	date of this Act is governed by the law in effect on the date the
151	151	citation was issued, and the former law is continued in effect for
152	152	that purpose.
153	153	SECTION 8. This Act takes effect September 1, 2021.