87R11740 ADM-D
By: Sherman, Sr. H.B. No. 4281
A BILL TO BE ENTITLED
AN ACT
relating to the pretrial release of defendants and a prohibition on
the use of monetary bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the End Money Bail Act.
SECTION 2. Article 1.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 1.07. RIGHT TO BAIL. (a) All prisoners shall be
bailable unless for capital offenses when the proof is evident.
This provision shall not be so construed as to prevent bail after
indictment found upon examination of the evidence, in such manner
as may be prescribed by law.
(b) Notwithstanding any other law, a prisoner may not be
required to deposit money with the court or provide financial
security for purposes of being released on bail.
SECTION 3. Article 14.06, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Subject to Subsection (b-1), a [A] peace officer who is
charging a person, including a child, with committing a misdemeanor
[an] offense shall [that is a Class C misdemeanor, other than an
offense under Section 49.02, Penal Code, 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) Subsection (b) does not apply if the peace officer has
reasonable cause to believe that conditions of release are
necessary in accordance with Articles 17.021(b) and (c) to ensure
the person's appearance in court as required or to ensure the safety
of an identifiable person.
SECTION 4. Article 15.17(g), Code of Criminal Procedure, is
amended to read as follows:
(g) If a person charged with an offense punishable as a
misdemeanor appears before a magistrate in compliance with a
citation issued under Article 14.06(b) [or (c)], the magistrate
shall perform the duties imposed by this article in the same manner
as if the person had been arrested and brought before the magistrate
by a peace officer. After the magistrate performs the duties
imposed by this article, the magistrate shall [except for good
cause shown may] release the person on personal bond in accordance
with Article 17.021. If a person who was issued a citation for an
offense punishable as a Class A or B misdemeanor [under Article
14.06(c)] fails to appear as required by that citation, the
magistrate before which the person is required to appear shall
issue a warrant for the arrest of the accused.
SECTION 5. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.021, 17.022, and 17.023 to read as
follows:
Art. 17.021. RELEASE ON PERSONAL BOND REQUIRED. (a)
Notwithstanding any other law, in each case in which a defendant is
eligible for bail under the constitution and laws of this state, the
magistrate considering the defendant's release shall order that the
defendant be:
(1) released on personal bond without conditions of
release; or
(2) released on personal bond with conditions of
release.
(b) Except as provided by Subsection (c), a magistrate may
not impose any condition of release on the defendant unless the
magistrate determines by clear and convincing evidence after
considering the specific facts concerning the defendant that:
(1) release on personal bond without conditions is
insufficient to reasonably mitigate a high risk of nonappearance or
of serious bodily injury to an identifiable person; and
(2) the conditions to be imposed are the least
restrictive conditions necessary to mitigate the risk described by
Subdivision (1).
(c) A magistrate may not impose a condition of release that
restricts the liberty of the defendant unless the magistrate
determines by clear and convincing evidence that the conditions to
be imposed are the least restrictive conditions necessary to
reasonably mitigate a high risk of imminent, intentional flight or
of serious bodily injury to an identifiable person. For purposes of
this subsection, a condition that restricts the defendant's liberty
includes a condition:
(1) requiring pretrial supervision;
(2) requiring drug testing;
(3) requiring inpatient or outpatient treatment;
(4) imposing travel restrictions or home confinement;
(5) imposing a curfew; or
(6) requiring electronic monitoring.
(d) Any condition imposed on a defendant's release must
preserve the ability of the defendant to confer with the
defendant's attorney and prepare for trial.
(e) A magistrate who imposes conditions of release shall
issue an order that includes an explanation of how the conditions
constitute the least restrictive conditions necessary to address
the specific risks identified with respect to the defendant.
(f) A defendant has the right to be represented by counsel
at any hearing at which the magistrate imposes conditions of
release on the defendant.
(g) A magistrate may not require a defendant to pay any fee
related to any condition of release.
Art. 17.022. RELEASE ON PERSONAL BOND PENDING SENTENCING OR
APPEAL. (a) Following conviction, any conditions of release that
are imposed on the defendant under Article 17.021 are presumed to be
sufficient to ensure the defendant's appearance in court for
sentencing or pending any appeal.
(b) A court may impose additional conditions of release on
the defendant only after a hearing at which the defendant has the
right to be represented by counsel.
Art. 17.023. REPORTING TO OFFICE OF COURT ADMINISTRATION.
(a) Each magistrate who releases a defendant on personal bond shall
submit a monthly report to the Office of Court Administration of the
Texas Judicial System with the following information for each
defendant released:
(1) the name;
(2) the offense charged;
(3) the length of the period the defendant was in
custody before release; and
(4) the conditions of release imposed on the
defendant.
(b) A report required by Subsection (a) must be on a form
prescribed by the Office of Court Administration.
SECTION 6. Articles 14.06(c) and (d), Code of Criminal
Procedure, are repealed.
SECTION 7. (a) Except as provided by Subsection (b) of this
section, the change in law made by this Act applies only to a person
who is arrested on or after the effective date of this Act. A person
who is 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.
(b) The change in law made by this Act in amending Articles
14.06 and 15.17, Code of Criminal Procedure, applies only to a
person who is issued a citation on or after the effective date of
this Act. A person who is issued a citation before the effective
date of this Act is governed by the law in effect on the date the
citation was issued, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2021.