By: Huffman S.R. No. 551
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 87th
Legislature, Regular Session 2021, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on
House Bill 20 (rules for setting the amount of bail, to the
release of certain defendants on a monetary bond or personal
bond, to related duties of certain officers taking bail bonds and
of a magistrate in a criminal case, to charitable bail
organizations, and to the reporting of information pertaining to
bail bonds) to consider and take action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in SECTION 4 of the bill, in added
Articles 17.021(b), (d), (e), and (f), Code of Criminal
Procedure, to read as follows:
(b) The public safety report system must:
(1) state the requirements for setting bail under
Article 17.15;
(2) incorporate a form that must be signed by the
person setting bail and that lists each factor provided by
Article 17.15(a) and requires the person setting bail to certify
on the form that the person considered each of those factors;
(3) provide information on the eligibility of the
defendant for a personal bond;
(4) provide, in summary form, the criminal history
of the defendant;
(5) provide information regarding the applicability
of any required or discretionary bond conditions; and
(6) collect information on the bail decision.
(d) The public safety report system may not:
(1) be the only item relied upon by a judge or
magistrate in making a bail decision; or
(2) include a score, rating, or assessment of a
defendant's risk or make any recommendation regarding the
appropriate bail for the defendant.
(e) As a component of the public safety report system,
the office shall electronically collect each form completed
under Subsection (b)(2) and shall use those forms to collect data
regarding the number of defendants for whom bail was set during
the preceding state fiscal year, including:
(1) the number for each category of offense;
(2) the number of personal bonds; and
(3) the number of monetary bonds.
(f) Not later than December 1 of each year, the office
shall submit a report containing the data collected from the
public safety report system during the preceding state fiscal
year to the governor, the lieutenant governor, the speaker of the
house of representatives, and the presiding officers of the
standing committees of each house of the legislature with
jurisdiction over the judiciary.
Explanation: This change is necessary to clarify the
requirements of the public safety report system.
(2) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in SECTION 5 of the bill, in added
Article 17.03(b-2), Code of Criminal Procedure, to read as
follows:
(b-2) Notwithstanding any other law, a defendant may not
be released on personal bond if the defendant:
(1) is charged with an offense under the following
provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20A.02 (trafficking of persons);
(D) Section 20A.03 (continuous trafficking of
persons);
(E) Section 21.02 (continuous sexual abuse of
young child or children);
(F) Section 21.11 (indecency with a child);
(G) Section 22.01(a)(1) (assault), if the
offense is punishable as a felony of the second degree under
Subsection (b-2) of that section;
(H) Section 22.02 (aggravated assault);
(I) Section 22.021 (aggravated sexual
assault);
(J) Section 25.072 (repeated violation of
certain court orders or conditions of bond in family violence,
child abuse or neglect, sexual assault or abuse, indecent
assault, stalking, or trafficking case);
(K) Section 25.11 (continuous violence
against the family);
(L) Section 38.14 (taking or attempting to
take weapon from peace officer, federal special investigator,
employee or official of correctional facility, parole officer,
community supervision and corrections department officer, or
commissioned security officer);
(M) Section 43.04 (aggravated promotion of
prostitution);
(N) Section 43.05 (compelling prostitution);
or
(O) Section 43.25 (sexual performance by a
child); or
(2) while released on bail or community supervision
for an offense listed in Subdivision (1), is charged with
committing:
(A) an offense under the following provisions
of the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic
threat); or
(iv) Section 42.01(a)(7) or (8)
(disorderly conduct involving firearm); or
(B) any offense punishable as a felony.
Explanation: This change is necessary to clarify which
persons are ineligible to be released on personal bond.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in SECTION 7 of the bill, in added
Article 17.15(a)(6), Code of Criminal Procedure, to read as
follows:
6. The criminal history record information for the
defendant, including information obtained through the statewide
telecommunications system maintained by the Department of Public
Safety and through the public safety report system developed
under Article 17.021, shall be considered, including any acts of
family violence, other pending criminal charges, and any
instances in which the defendant failed to appear in court
following release on bail.
Explanation: This change is necessary to explain the
responsibilities of a person setting bail with respect to a
defendant's criminal history.
(4) Senate Rule 12.03(4) is suspended to permit the
committee to add text on a matter not included in either the house
or senate version of the bill in SECTION 10 of the bill, in added
Article 17.50(h), Code of Criminal Procedure, to read as follows:
(h) The clerk of the court is not required to send a copy
of an order under Subsection (a) if the Office of Court
Administration of the Texas Judicial System develops a means to
cause a notice of conditions of release on bond to be
electronically delivered to the applicable parties required by
that subsection.
Explanation: This change is needed to provide for an
alternative means of delivery for certain notices.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 30, 2021, by the
following vote: Yeas 21,
Nays 10.
_______________________________
Secretary of the Senate