Texas 2021 - 87th Regular

Texas Senate Bill SB1775 Compare Versions

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

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1	1	By: Whitmire S.B. No. 1775
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 this
62	62	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 CITATIONS
91	91	SECTION 3.01. Article 2.13, Code of Criminal Procedure, is
92	92	amended by adding Subsection (g) and (h) to read as follows:
93	93	(g) The officer may not conduct a search based solely on a
94	94	person's consent to the search unless:
95	95	(1) the officer verbally and in writing informs the
96	96	person of the person's right to refuse the search; and
97	97	(2) the person signs an acknowledgment that the
98	98	person:
99	99	(A) received the information described by
100	100	Subdivision (1); and
101	101	(B) consents to the search.
102	102	(h) The officer may not make a stop for an alleged violation
103	103	of a traffic law or ordinance as a pretext for investigating a
104	104	violation of another penal law.
105	105	SECTION 3.02. Article 2.133, Code of Criminal Procedure, is
106	106	amended by amending Subsection (c) and adding (d) to read as
107	107	follows:
108	108	(c) The chief administrator of a law enforcement agency,
109	109	regardless of whether the administrator is elected, employed, or
110	110	appointed, is responsible for auditing reports under Subsection (b)
111	111	to ensure that they are complete and accuratethe race or ethnicity
112	112	of the person operating the motor vehicle is being reported.
113	113	(d) The information in the report referenced in subsection
114	114	(b)(2-9) shall be broken down by the categorize in(b)(1).
115	115	SECTION 3.03. Article 2.134(f), Code of Criminal Procedure,
116	116	is amended to read as follows:
117	117	(f) The data collected as a result of the reporting
118	118	requirements of this article shall not constitute prima facie
119	119	evidence of racial profiling but is admissible in a court of law.
120	120	SECTION 3.04. Chapter 2, Code of Criminal Procedure, is
121	121	amended by adding Article 2.135 to read as follows:
122	122	Art. 2.135. MOTOR VEHICLE STOP INVESTIGATIONS. (a) In this
123	123	article, "law enforcement agency" and "motor vehicle stop" have the
124	124	meanings assigned by Article 2.132(a).
125	125	(b) Each law enforcement agency shall adopt and implement a
126	126	detailed written policy regarding the administration of a motor
127	127	vehicle stop investigation in accordance with this article,
128	128	including the administrative penalties for violations of the
129	129	policy. A law enforcement agency may adopt the model policy
130	130	promulgated by the Texas A&M System's Institute for Predictive
131	131	Analytics in Criminal Justice or the agency's own policy.
132	132	(c) A peace officer may not:
133	133	(1) conduct a roadside investigation during a motor
134	134	vehicle stop for an offense other than the traffic violation
135	135	without suspicion based on a preponderance of the evidence that the
136	136	driver has committed the other offense;
137	137	(2) continue a roadside investigation during a motor
138	138	vehicle stop into an offense other than the traffic violation after
139	139	the driver has refused to consent to be searched unless the peace
140	140	officer has additional suspicion based on a preponderance of the
141	141	evidence that the driver has committed the other offense; or
142	142	(3) arrest a driver during a motor vehicle stop for a
143	143	traffic violation to conduct a search incident to arrest unless the
144	144	officer has probable cause to believe that the driver has committed
145	145	an offense more serious than a Class C misdemeanor.
146	146	SECTION 3.05. Article 3.05, Code of Criminal Procedure, is
147	147	amended to read as follows:
148	148	Art. 3.05. RACIAL PROFILING. (a) In this code, "racial
149	149	profiling" means a law enforcement-initiated action based on an
150	150	individual's race, ethnicity, or national origin rather than on the
151	151	individual's behavior or on information identifying the individual
152	152	as having engaged in criminal activity.
153	153	(b) Racial profiling may be identified through the
154	154	examination of sufficient and evidence-based data analysis, taking
155	155	into consideration the context and surroundings of an action
156	156	initiated by law enforcement.
157	157	SECTION 3.06. Article 14.06, Code of Criminal Procedure, is
158	158	amended by amending Subsection (b) and adding Subsection (b-1) to
159	159	read as follows:
160	160	(b) A peace officer who is charging a person, including a
161	161	child, with committing an offense that is a [Class C] misdemeanor
162	162	punishable by a fine only, other than an offense under Section
163	163	49.02, Penal Code, an offense under Chapter 106, Alcoholic Beverage
164	164	Code, or an offense for which the officer reasonably believes it is
165	165	necessary to take the person before a magistrate to prevent a
166	166	foreseeable injury or an altercation, shall [may], instead of
167	167	taking the person before a magistrate, issue a citation to the
168	168	person that contains:
169	169	(1) written notice of the time and place the person
170	170	must appear before a magistrate;
171	171	(2) the name and address of the person charged;
172	172	(3) the offense charged;
173	173	(4) information regarding the alternatives to the full
174	174	payment of any fine or costs assessed against the person, if the
175	175	person is convicted of the offense and is unable to pay that amount;
176	176	and
177	177	(5) the following admonishment, in boldfaced or
178	178	underlined type or in capital letters:
179	179	"If you are convicted of a misdemeanor offense involving
180	180	violence where you are or were a spouse, intimate partner, parent,
181	181	or guardian of the victim or are or were involved in another,
182	182	similar relationship with the victim, it may be unlawful for you to
183	183	possess or purchase a firearm, including a handgun or long gun, or
184	184	ammunition, pursuant to federal law under 18 U.S.C. Section
185	185	922(g)(9) or Section 46.04(b), Texas Penal Code. If you have any
186	186	questions whether these laws make it illegal for you to possess or
187	187	purchase a firearm, you should consult an attorney."
188	188	(b-1) A peace officer who is charging a person, including a
189	189	child, with committing an offense that is a misdemeanor punishable
190	190	by a fine only under Chapter 106, Alcoholic Beverage Code, may,
191	191	instead of taking the person before a magistrate, issue to the
192	192	person a citation that contains written notice of the time and place
193	193	the person must appear before a magistrate, the name and address of
194	194	the person charged, and the offense charged.
195	195	SECTION 3.07. Section 543.004(a), Transportation Code, is
196	196	amended to read as follows:
197	197	(a) An officer shall issue a written notice to appear if:
198	198	(1) the offense charged is[:
199	199	[(A) speeding;
200	200	[(B) the use of a wireless communication device
201	201	under Section 545.4251; or
202	202	[(C)] a misdemeanor under this subtitle that is
203	203	punishable by a fine only [violation of the open container law,
204	204	Section 49.031, Penal Code]; and
205	205	(2) the person makes a written promise to appear in
206	206	court as provided by Section 543.005.
207	207	SECTION 3.08. Article 2.13(g), Code of Criminal Procedure,
208	208	as added by this article, applies only to a motor vehicle stop or
209	209	search that occurs on or after the effective date of this Act.
210	210	SECTION 3.09. The changes in law made by this article apply
211	211	only to an offense committed on or after the effective date of this
212	212	Act. An offense committed before the effective date of this Act is
213	213	governed by the law in effect on the date the offense was committed,
214	214	and the former law is continued in effect for that purpose. For
215	215	purposes of this section, an offense was committed before the
216	216	effective date of this article if any element of the offense
217	217	occurred before that date.
218	218	ARTICLE 4. CITIZEN OVERSIGHT BOARDS
219	219	SECTION 4.01. Section 143.009, Local Government Code, is
220	220	amended by amending subsection 143.009(b) to read as follows:
221	221	(b) During an investigation, the commission or the
222	222	commission member may:
223	223	(1) administer oaths;
224	224	(2) issue subpoenas to compel the attendance of any
225	225	relevant person or party to the investigation including but not
226	226	limited to the officer or party being investigated witnesses and
227	227	the production of books, papers, documents, and accounts relating
228	228	to the investigation; and
229	229	(3) cause the deposition of witnesses residing inside
230	230	or outside the state.
231	231	(c) A deposition taken in connection with an investigation
232	232	under this section must be taken in the manner prescribed by law for
233	233	taking a similar deposition in a civil action in federal district
234	234	court.
235	235	(d) An oath administered or a subpoena issued under this
236	236	section has the same force and effect as an oath administered by a
237	237	magistrate in the magistrate's judicial capacity.
238	238	(e) A person who fails to respond to a subpoena issued under
239	239	this section commits an offense punishable as prescribed by Section
240	240	143.016.
241	241	ARTICLE 5. POLICE TRAINING
242	242	SECTION 5.01. Section 1701.253, Occupations Code, is
243	243	amended by adding Subsection (q) to read as follows:
244	244	(q) As part of the minimum curriculum requirements, the
245	245	commission shall require an officer to complete a statewide
246	246	education and training program on tactical communication, and
247	247	implicit bias training.
248	248	SECTION 5.02. Section 1701.402, Occupations Code, is
249	249	amended by adding Subsection (p) to read as follows:
250	250	As a requirement for an intermediate proficiency
251	251	certificate, an officer must complete an education and training
252	252	program on tactical communication, and implicit bias training
253	253	established by the commission under Section 1701.253(q).
254	254	ARTICLE 6. EFFECTIVE DATE
255	255	SECTION 6.01. This Act takes effect September 1, 2021.