Texas 2021 - 87th Regular

Texas Senate Bill SR551 Compare Versions

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

Old	New	Differences
1	1	By: Huffman S.R. No. 551
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 87th
6	6	Legislature, Regular Session 2021, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill 20 (rules for setting the amount of bail, to the
10	10	release of certain defendants on a monetary bond or personal
11	11	bond, to related duties of certain officers taking bail bonds and
12	12	of a magistrate in a criminal case, to charitable bail
13	13	organizations, and to the reporting of information pertaining to
14	14	bail bonds) to consider and take action on the following matters:
15	15	(1) Senate Rule 12.03(4) is suspended to permit the
16	16	committee to add text on a matter not included in either the house
17	17	or senate version of the bill in SECTION 4 of the bill, in added
18	18	Articles 17.021(b), (d), (e), and (f), Code of Criminal
19	19	Procedure, to read as follows:
20	20	(b) The public safety report system must:
21	21	(1) state the requirements for setting bail under
22	22	Article 17.15;
23	23	(2) incorporate a form that must be signed by the
24	24	person setting bail and that lists each factor provided by
25	25	Article 17.15(a) and requires the person setting bail to certify
26	26	on the form that the person considered each of those factors;
27	27	(3) provide information on the eligibility of the
28	28	defendant for a personal bond;
29	29	(4) provide, in summary form, the criminal history
30	30	of the defendant;
31	31	(5) provide information regarding the applicability
32	32	of any required or discretionary bond conditions; and
33	33	(6) collect information on the bail decision.
34	34	(d) The public safety report system may not:
35	35	(1) be the only item relied upon by a judge or
36	36	magistrate in making a bail decision; or
37	37	(2) include a score, rating, or assessment of a
38	38	defendant's risk or make any recommendation regarding the
39	39	appropriate bail for the defendant.
40	40	(e) As a component of the public safety report system,
41	41	the office shall electronically collect each form completed
42	42	under Subsection (b)(2) and shall use those forms to collect data
43	43	regarding the number of defendants for whom bail was set during
44	44	the preceding state fiscal year, including:
45	45	(1) the number for each category of offense;
46	46	(2) the number of personal bonds; and
47	47	(3) the number of monetary bonds.
48	48	(f) Not later than December 1 of each year, the office
49	49	shall submit a report containing the data collected from the
50	50	public safety report system during the preceding state fiscal
51	51	year to the governor, the lieutenant governor, the speaker of the
52	52	house of representatives, and the presiding officers of the
53	53	standing committees of each house of the legislature with
54	54	jurisdiction over the judiciary.
55	55	Explanation: This change is necessary to clarify the
56	56	requirements of the public safety report system.
57	57	(2) Senate Rule 12.03(4) is suspended to permit the
58	58	committee to add text on a matter not included in either the house
59	59	or senate version of the bill in SECTION 5 of the bill, in added
60	60	Article 17.03(b-2), Code of Criminal Procedure, to read as
61	61	follows:
62	62	(b-2) Notwithstanding any other law, a defendant may not
63	63	be released on personal bond if the defendant:
64	64	(1) is charged with an offense under the following
65	65	provisions of the Penal Code:
66	66	(A) Section 19.02 (murder);
67	67	(B) Section 19.03 (capital murder);
68	68	(C) Section 20A.02 (trafficking of persons);
69	69	(D) Section 20A.03 (continuous trafficking of
70	70	persons);
71	71	(E) Section 21.02 (continuous sexual abuse of
72	72	young child or children);
73	73	(F) Section 21.11 (indecency with a child);
74	74	(G) Section 22.01(a)(1) (assault), if the
75	75	offense is punishable as a felony of the second degree under
76	76	Subsection (b-2) of that section;
77	77	(H) Section 22.02 (aggravated assault);
78	78	(I) Section 22.021 (aggravated sexual
79	79	assault);
80	80	(J) Section 25.072 (repeated violation of
81	81	certain court orders or conditions of bond in family violence,
82	82	child abuse or neglect, sexual assault or abuse, indecent
83	83	assault, stalking, or trafficking case);
84	84	(K) Section 25.11 (continuous violence
85	85	against the family);
86	86	(L) Section 38.14 (taking or attempting to
87	87	take weapon from peace officer, federal special investigator,
88	88	employee or official of correctional facility, parole officer,
89	89	community supervision and corrections department officer, or
90	90	commissioned security officer);
91	91	(M) Section 43.04 (aggravated promotion of
92	92	prostitution);
93	93	(N) Section 43.05 (compelling prostitution);
94	94	or
95	95	(O) Section 43.25 (sexual performance by a
96	96	child); or
97	97	(2) while released on bail or community supervision
98	98	for an offense listed in Subdivision (1), is charged with
99	99	committing:
100	100	(A) an offense under the following provisions
101	101	of the Penal Code:
102	102	(i) Section 22.01(a)(1) (assault);
103	103	(ii) Section 22.05 (deadly conduct);
104	104	(iii) Section 22.07 (terroristic
105	105	threat); or
106	106	(iv) Section 42.01(a)(7) or (8)
107	107	(disorderly conduct involving firearm); or
108	108	(B) any offense punishable as a felony.
109	109	Explanation: This change is necessary to clarify which
110	110	persons are ineligible to be released on personal bond.
111	111	(3) Senate Rule 12.03(4) is suspended to permit the
112	112	committee to add text on a matter not included in either the house
113	113	or senate version of the bill in SECTION 7 of the bill, in added
114	114	Article 17.15(a)(6), Code of Criminal Procedure, to read as
115	115	follows:
116	116	6. The criminal history record information for the
117	117	defendant, including information obtained through the statewide
118	118	telecommunications system maintained by the Department of Public
119	119	Safety and through the public safety report system developed
120	120	under Article 17.021, shall be considered, including any acts of
121	121	family violence, other pending criminal charges, and any
122	122	instances in which the defendant failed to appear in court
123	123	following release on bail.
124	124	Explanation: This change is necessary to explain the
125	125	responsibilities of a person setting bail with respect to a
126	126	defendant's criminal history.
127	127	(4) Senate Rule 12.03(4) is suspended to permit the
128	128	committee to add text on a matter not included in either the house
129	129	or senate version of the bill in SECTION 10 of the bill, in added
130	130	Article 17.50(h), Code of Criminal Procedure, to read as follows:
131	131	(h) The clerk of the court is not required to send a copy
132	132	of an order under Subsection (a) if the Office of Court
133	133	Administration of the Texas Judicial System develops a means to
134	134	cause a notice of conditions of release on bond to be
135	135	electronically delivered to the applicable parties required by
136	136	that subsection.
137	137	Explanation: This change is needed to provide for an
138	138	alternative means of delivery for certain notices.
139	139	_______________________________
140	140	President of the Senate
141	141	I hereby certify that the
142	142	above Resolution was adopted by
143	143	the Senate on May 30, 2021, by the
144	144	following vote: Yeas 21,
145	145	Nays 10.
146	146	_______________________________
147	147	Secretary of the Senate