Texas 2021 - 87th Regular

Texas House Bill HB4293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4293
	1	+	By: Hinojosa, et al. (Senate Sponsor - Zaffirini) H.B. No. 4293
	2	+	(In the Senate - Received from the House May 14, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Criminal
	4	+	Justice; May 22, 2021, reported favorably by the following vote:
	5	+	Yeas 6, Nays 1; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of a court reminder program for criminal
6	12		defendants.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Chapter 75, Government Code, is amended by
9	15		adding Subchapter J to read as follows:
10	16		SUBCHAPTER J. COURT REMINDER PROGRAM
11	17		Sec. 75.601. ESTABLISHMENT OF STATE PROGRAM FOR
12	18		PARTICIPATING COUNTIES. (a) The Office of Court Administration of
13	19		the Texas Judicial System shall develop and make available to each
14	20		county a court reminder program that allows the county to send a
15	21		text message to notify criminal defendants of scheduled court
16	22		appearances. The purposes of the program must include:
17	23		(1) reducing costs associated with defendants who fail
18	24		to appear for a scheduled court appearance;
19	25		(2) improving the efficiency of courts in this state;
20	26		(3) reminding criminal defendants to appear at each
21	27		scheduled court appearance; and
22	28		(4) reducing the number of criminal defendants who are
23	29		confined in a county jail due solely to the defendant's failure to
24	30		appear for a scheduled court appearance.
25	31		(b) The program must:
26	32		(1) be available to each county at no cost;
27	33		(2) comply with applicable state and federal laws
28	34		requiring the consent of an individual before sending a reminder by
29	35		text message;
30	36		(3) provide text message reminders for each court
31	37		appearance of a defendant who has access to a device with the
32	38		technological capability of receiving text messages and provides
33	39		the court administrator with an operational phone number for the
34	40		device;
35	41		(4) document each occurrence of a criminal defendant
36	42		receiving a text message reminder;
37	43		(5) identify criminal defendants with scheduled court
38	44		appearances who lack access to devices with the technological
39	45		capability of receiving text messages;
40	46		(6) document the number of criminal defendants who
41	47		fail to appear at scheduled court appearances after being sent one
42	48		or more text message reminders;
43	49		(7) include the technological capability, at the
44	50		discretion of the local administrative judge, to provide additional
45	51		information to criminal defendants concerning scheduled court
46	52		appearances, such as the location of the court appearance,
47	53		available transportation options, and procedures for defendants
48	54		who are unable to attend court appearances;
49	55		(8) support partnerships with local law enforcement
50	56		agencies, local governments, and local public defenders in
51	57		accordance with the purposes described by Subsection (a); and
52	58		(9) provide one or more publicly available Internet
53	59		websites through which criminal defendants may request text
54	60		reminders.
55	61		Sec. 75.602. ESTABLISHMENT OF COUNTY PROGRAMS. (a) The
56		-	~~justices of the justice courts and~~ judges of the county courts,
57		-	~~statutory county courts, and district~~ courts with jurisdiction over
58		-	~~criminal cases in each county may~~ establish a court reminder
59		-	~~program that allows the county to send a~~ text message to notify
60		-	~~criminal defendants of scheduled court~~ appearances.
61		-	(b) In developing the court reminder program, the ~~justices~~
62		-	~~and judges may~~ join the state program developed under Section
63		-	~~75.601 or develop a~~ county program that allows the county to send
64		-	~~text message~~ notifications to criminal defendants and that complies
65		-	~~with the~~ requirements of Section 75.601(b).
	62	+	judges of the county courts, statutory county courts, and district
	63	+	courts with jurisdiction over criminal cases in each county shall
	64	+	establish a court reminder program that allows the county to send a
	65	+	text message to notify criminal defendants of scheduled court
	66	+	appearances.
	67	+	(b) In developing the court reminder program, the judges may
	68	+	join the state program developed under Section 75.601 or develop a
	69	+	county program that allows the county to send text message
	70	+	notifications to criminal defendants and that complies with the
	71	+	requirements of Section 75.601(b).
66	72		Sec. 75.603. MUNICIPAL PROGRAM. (a) The Office of Court
67		-	Administration of the Texas Judicial System, or the justices of the
68		-	justice courts and judges of the county courts, statutory county
69		-	courts, and district courts with jurisdiction over criminal cases
70		-	in each county, may partner with municipalities and local law
71		-	enforcement agencies to allow:
	73	+	Administration of the Texas Judicial System, or the judges of the
	74	+	county courts, statutory county courts, and district courts with
	75	+	jurisdiction over criminal cases in each county, may partner with
	76	+	municipalities and local law enforcement agencies to allow:
72	77		(1) individuals to whom a peace officer issues a
73	78		citation and releases to receive text message reminders of
74	79		scheduled court appearances; and
75	80		(2) criminal defendants in municipal court to receive
76	81		text message reminders of scheduled court appearances.
77	82		(b) Any municipality that partners with the Office of Court
78	83		Administration of the Texas Judicial System shall pay all costs of
79	84		sending reminders to municipal criminal defendants, including the
80	85		costs of linking the municipal court database with the state court
81	86		administrator database.
82		-	SECTION 2. (a) Not later than September 1, 2022, the Office
83		-	of Court Administration of the Texas Judicial System shall develop
	87	+	SECTION 2. Not later than September 1, 2022, the Office of
	88	+	Court Administration of the Texas Judicial System and the judges of
	89	+	the county courts, statutory county courts, and district courts
	90	+	with jurisdiction over criminal cases in each county shall develop
84	91		and make available the court reminder program as required by
85		-	Section 75.601, Government Code, as added by this Act.
86		-	(b) The Office of Court Administration of the Texas Judicial
87		-	System is required to implement a provision of this Act only if the
88		-	legislature appropriates money specifically for that purpose. If
89		-	the legislature does not appropriate money specifically for that
90		-	purpose, the office may, but is not required to, implement a
91		-	provision of this Act using other appropriations available for that
92		-	purpose.
	92	+	Subchapter J, Chapter 75, Government Code, as added by this Act.
93	93		SECTION 3. This Act takes effect September 1, 2021.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I certify that H.B. No. 4293 was passed by the House on May
97		-	13, 2021, by the following vote: Yeas 123, Nays 19, 1 present, not
98		-	voting; and that the House concurred in Senate amendments to H.B.
99		-	No. 4293 on May 28, 2021, by the following vote: Yeas 118, Nays 25,
100		-	2 present, not voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	I certify that H.B. No. 4293 was passed by the Senate, with
104		-	amendments, on May 24, 2021, by the following vote: Yeas 29, Nays
105		-	1.
106		-	______________________________
107		-	Secretary of the Senate
108		-	APPROVED: __________________
109		-	Date
110		-	__________________
111		-	Governor
	94	+	* * * * *