Texas 2021 - 87th 1st C.S.

Texas House Bill HB2 Compare Versions

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

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1	1	87S10423 LHC-D
2	2	By: Smith H.B. No. 2
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to rules for setting the amount of bail, to the release of
8	8	certain defendants on a monetary bond or personal bond, to related
9	9	duties of certain officers taking bail bonds and of a magistrate in
10	10	a criminal case, to charitable bail organizations, and to the
11	11	reporting of information pertaining to bail bonds.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as the Damon Allen Act.
14	14	SECTION 2. Article 1.07, Code of Criminal Procedure, is
15	15	amended to read as follows:
16	16	Art. 1.07. RIGHT TO BAIL. Any person [All prisoners] shall
17	17	be eligible for bail [bailable] unless denial of bail is expressly
18	18	permitted by the Texas Constitution or by other law [for capital
19	19	offenses when the proof is evident]. This provision may [shall] not
20	20	be [so] construed [as] to prevent bail after indictment found upon
21	21	examination of the evidence, in such manner as may be prescribed by
22	22	law.
23	23	SECTION 3. Article 17.02, Code of Criminal Procedure, is
24	24	amended to read as follows:
25	25	Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
26	26	written undertaking entered into by the defendant and the
27	27	defendant's sureties for the appearance of the principal therein
28	28	before a court or magistrate to answer a criminal accusation;
29	29	provided, however, that the defendant on execution of the bail bond
30	30	may deposit with the custodian of funds of the court in which the
31	31	prosecution is pending current money of the United States in the
32	32	amount of the bond in lieu of having sureties signing the same. Any
33	33	cash funds deposited under this article shall be receipted for by
34	34	the officer receiving the funds and, on order of the court, be
35	35	refunded in the amount shown on the face of the receipt less the
36	36	administrative fee authorized by Section 117.055, Local Government
37	37	Code, if applicable, after the defendant complies with the
38	38	conditions of the defendant's bond, to:
39	39	(1) any person in the name of whom a receipt was
40	40	issued, including the defendant if a receipt was issued to the
41	41	defendant; or
42	42	(2) the defendant, if no other person is able to
43	43	produce a receipt for the funds.
44	44	SECTION 4. Chapter 17, Code of Criminal Procedure, is
45	45	amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
46	46	and 17.028 to read as follows:
47	47	Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office
48	48	of Court Administration of the Texas Judicial System shall develop
49	49	and maintain a public safety report system that is available for use
50	50	for purposes of Article 17.15.
51	51	(b) The public safety report system must:
52	52	(1) state the requirements for setting bail under
53	53	Article 17.15;
54	54	(2) provide identifying information regarding the
55	55	defendant, the case filed against the defendant, and the offense
56	56	with which the defendant is charged;
57	57	(3) provide information on the eligibility of the
58	58	defendant for a personal bond;
59	59	(4) provide information regarding the applicability
60	60	of any required or discretionary bond conditions; and
61	61	(5) provide, in summary form, the criminal history of
62	62	the defendant, including information regarding any:
63	63	(A) previous misdemeanor or felony convictions;
64	64	(B) pending charges;
65	65	(C) previous sentences imposing a term of
66	66	confinement;
67	67	(D) previous convictions or pending charges for
68	68	offenses involving violence as defined by Article 17.03; and
69	69	(E) previous failures of the defendant to appear
70	70	in court following release on bail.
71	71	(c) The office shall provide access to the public safety
72	72	report system to the appropriate officials in each county at no
73	73	cost. This subsection may not be construed to require the office to
74	74	provide a county official or magistrate with any equipment or
75	75	support related to accessing or using the public safety report
76	76	system.
77	77	(d) The public safety report system may not:
78	78	(1) be the only item relied on by a judge or magistrate
79	79	in making a bail decision;
80	80	(2) include a score, rating, or assessment of a
81	81	defendant's risk or make any recommendation regarding the
82	82	appropriate bail for the defendant; or
83	83	(3) include any information other than the information
84	84	listed in Subsection (b).
85	85	Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate
86	86	considering the release on bail of a defendant charged with an
87	87	offense punishable as a Class B misdemeanor or any higher category
88	88	of offense shall order that:
89	89	(1) the personal bond office established under Article
90	90	17.42 for the county in which the defendant is being detained, or
91	91	other suitably trained person, use the public safety report system
92	92	developed under Article 17.021 to prepare a public safety report
93	93	with respect to the defendant; and
94	94	(2) the public safety report prepared under
95	95	Subdivision (1) be provided to the magistrate as soon as
96	96	practicable but not later than 48 hours after the defendant's
97	97	arrest.
98	98	(b) A magistrate may not, without the consent of the
99	99	sheriff, order a sheriff or sheriff's department personnel to
100	100	prepare a public safety report under Subsection (a).
101	101	(c) Notwithstanding Subsection (a), a magistrate may
102	102	personally prepare a public safety report, before or while making a
103	103	bail decision, using the public safety report system developed
104	104	under Article 17.021.
105	105	(d) The magistrate shall consider the public safety report
106	106	before setting bail.
107	107	Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
108	108	(a) This article applies only to a defendant charged with an
109	109	offense that is:
110	110	(1) punishable as a felony; or
111	111	(2) a misdemeanor punishable by confinement.
112	112	(b) Notwithstanding any other law, a defendant to whom this
113	113	article applies may be released on bail only by a magistrate who is:
114	114	(1) either:
115	115	(A) a resident of this state and one of the
116	116	counties served by the magistrate; or
117	117	(B) a justice of the peace serving under Section
118	118	27.054 or 27.055, Government Code; and
119	119	(2) in compliance with the training requirements of
120	120	Article 17.024.
121	121	(c) A magistrate is not eligible to release on bail a
122	122	defendant described by Subsection (a) if the magistrate:
123	123	(1) has been removed from office by impeachment, by
124	124	the supreme court, by the governor on address to the legislature, by
125	125	a tribunal reviewing a recommendation of the State Commission on
126	126	Judicial Conduct, or by the legislature's abolition of the
127	127	magistrate's court; or
128	128	(2) has resigned from office after having received
129	129	notice that formal proceedings by the State Commission on Judicial
130	130	Conduct have been instituted as provided by Section 33.022,
131	131	Government Code, and before final disposition of the proceedings.
132	132	Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The
133	133	Office of Court Administration of the Texas Judicial System shall,
134	134	in consultation with the court of criminal appeals, develop or
135	135	approve training courses regarding a magistrate's duties,
136	136	including duties with respect to setting bail in criminal cases.
137	137	The courses developed must include:
138	138	(1) an eight-hour initial training course; and
139	139	(2) a two-hour continuing education course.
140	140	(b) The office shall provide for a method of certifying that
141	141	a magistrate has successfully completed a training course required
142	142	under this article and has demonstrated competency of the course
143	143	content in a manner acceptable to the office.
144	144	(c) A magistrate is in compliance with the training
145	145	requirements of this article if:
146	146	(1) not later than the 90th day after the date the
147	147	magistrate takes office, the magistrate successfully completes the
148	148	course described by Subsection (a)(1);
149	149	(2) the magistrate successfully completes the course
150	150	described by Subsection (a)(2) in each subsequent state fiscal
151	151	biennium in which the magistrate serves; and
152	152	(3) the magistrate demonstrates competency in a manner
153	153	acceptable to the office.
154	154	(c-1) Notwithstanding Subsection (c), a magistrate who is
155	155	serving on December 1, 2021, is considered to be in compliance with
156	156	Subsection (c)(1) if the magistrate successfully completes the
157	157	training course not later than July 1, 2022. This subsection
158	158	expires February 1, 2023.
159	159	(d) Any course developed or approved by the office under
160	160	this article may be administered by the Texas Justice Court
161	161	Training Center, the Texas Municipal Courts Education Center, the
162	162	Texas Association of Counties, the Texas Center for the Judiciary,
163	163	or a similar entity.
164	164	Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
165	165	OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other
166	166	law, if a defendant is charged with committing an offense while
167	167	released on bail for another offense:
168	168	(1) if the subsequent offense was committed in the
169	169	same county as the previous offense, only the court before whom the
170	170	case for the previous offense is pending may release the defendant
171	171	on bail; and
172	172	(2) if the subsequent offense was committed in a
173	173	different county than the previous offense, electronic notice of
174	174	the charge must be promptly given to the court specified by
175	175	Subdivision (1) for purposes of reevaluating the bail decision,
176	176	determining whether any bail conditions were violated, or taking
177	177	any other applicable action.
178	178	(b) This article may not be construed to extend any deadline
179	179	provided by Article 15.17.
180	180	Art. 17.028. BAIL DECISION. (a) Without unnecessary delay
181	181	but not later than 48 hours after a defendant is arrested, a
182	182	magistrate shall order, after individualized consideration of all
183	183	circumstances and of the factors required by Article 17.15(a), that
184	184	the defendant be:
185	185	(1) granted personal bond with or without conditions;
186	186	(2) granted monetary bond with or without conditions;
187	187	or
188	188	(3) denied bail in accordance with the Texas
189	189	Constitution and other law.
190	190	(b) In setting bail under this article, the magistrate shall
191	191	impose the least restrictive conditions, if any, and the personal
192	192	bond or monetary bond necessary to reasonably ensure the
193	193	defendant's appearance in court as required and the safety of the
194	194	community, law enforcement, and the victim of the alleged offense.
195	195	(c) In each criminal case, unless specifically provided by
196	196	other law, there is a rebuttable presumption that bail, conditions
197	197	of release, or both bail and conditions of release are sufficient to
198	198	reasonably ensure the defendant's appearance in court as required
199	199	and the safety of the community, law enforcement, and the victim of
200	200	the alleged offense. For purposes of setting bail or rebutting the
201	201	presumption, the court may not consider testimonial evidence.
202	202	(d) A judge may not adopt a bail schedule or enter a standing
203	203	order related to bail that:
204	204	(1) is inconsistent with this article; or
205	205	(2) authorizes a magistrate to make a bail decision
206	206	for a defendant without considering each of the factors in Article
207	207	17.15(a).
208	208	(e) A defendant who is denied bail or who is unable to give
209	209	bail in the amount required by any bail schedule or standing order
210	210	related to bail shall be provided with the warnings described by
211	211	Article 15.17.
212	212	(f) A defendant who claims to be unable to give bail as
213	213	described by Subsection (e) may file with the applicable magistrate
214	214	a sworn affidavit in substantially the following form:
215	215	"On this ___ day of _____ , 2____, I have been advised by the
216	216	(name of the court) Court of the importance of providing true and
217	217	complete information about my financial situation in connection
218	218	with the charge pending against me. I am without means to pay
219	219	______ and I hereby request the court to set an appropriate bail.
220	220	(signature of defendant)."
221	221	(g) A defendant filing an affidavit under Subsection (f)
222	222	shall complete a form to allow a magistrate to assess information
223	223	relevant to the defendant's financial situation. The form must be
224	224	the form used to request appointment of counsel under Article 26.04
225	225	or a form promulgated by the Office of Court Administration of the
226	226	Texas Judicial System that collects, at a minimum and to the best of
227	227	the defendant's knowledge, the following information:
228	228	(1) any income received by the defendant and the
229	229	defendant's spouse in the preceding two years;
230	230	(2) the defendant's employment history and the
231	231	employment history of the defendant's spouse, including gross
232	232	monthly pay, for the preceding two years;
233	233	(3) any cash holdings available to the defendant or
234	234	the defendant's spouse and the financial institution in which the
235	235	cash is held;
236	236	(4) the defendant's major noncash assets, including
237	237	real estate and motor vehicles;
238	238	(5) money owed to the defendant or to the defendant's
239	239	spouse;
240	240	(6) any dependents of the defendant or of the
241	241	defendant's spouse, and the dependents' ages;
242	242	(7) an itemized estimate of the defendant's monthly
243	243	expenses;
244	244	(8) an estimate of the defendant's tax and legal
245	245	expenses;
246	246	(9) any anticipated major changes in the defendant's
247	247	income or expenses; and
248	248	(10) any additional relevant information the
249	249	defendant is able to provide to explain the defendant's inability
250	250	to pay bail according to the schedule.
251	251	(h) A defendant who files an affidavit under Subsection (f)
252	252	is entitled to a hearing before the magistrate on the bail amount.
253	253	The hearing must be held not later than 48 hours after the defendant
254	254	is arrested. At the hearing, the defendant must be given the
255	255	opportunity to present evidence and respond to evidence presented
256	256	by the attorney representing the state. After the hearing, the
257	257	magistrate shall consider the facts presented and the rules
258	258	established by Article 17.15(a) and shall set the defendant's bail.
259	259	If the magistrate does not set the defendant's bail in an amount
260	260	below the amount required by the schedule, the magistrate shall
261	261	issue written findings of fact supporting the bail decision.
262	262	(i) The judges of the courts trying criminal cases in a
263	263	county must report to the Office of Court Administration of the
264	264	Texas Judicial System each defendant for whom a hearing under
265	265	Subsection (h) was not held within 48 hours of the defendant's
266	266	arrest. If a delay occurs that will cause the hearing under
267	267	Subsection (h) to be held later than 48 hours after the defendant's
268	268	arrest, the magistrate or an employee of the court or of the county
269	269	in which the defendant is confined must notify the defendant's
270	270	counsel of the delay.
271	271	(j) The magistrate may enter an order or take other action
272	272	authorized by Article 16.22 with respect to a defendant who does not
273	273	appear competent to execute an affidavit under Subsection (f).
274	274	(k) This article may not be construed to require the filing
275	275	of an affidavit before a magistrate considers the defendant's
276	276	ability to make bail under Article 17.15.
277	277	(l) A written or oral statement obtained under this article
278	278	or evidence derived from the statement may be used only to determine
279	279	whether the defendant is indigent, to impeach the direct testimony
280	280	of the defendant, or to prosecute the defendant for an offense under
281	281	Chapter 37, Penal Code.
282	282	SECTION 5. Article 17.03, Code of Criminal Procedure, as
283	283	effective September 1, 2021, is amended by amending Subsection (b)
284	284	and adding Subsections (b-2) and (b-3) to read as follows:
285	285	(b) Only the court before whom the case is pending may
286	286	release on personal bond a defendant who:
287	287	(1) is charged with an offense under the following
288	288	sections of the Penal Code:
289	289	(A) [Section 19.03 (Capital Murder);
290	290	[(B) Section 20.04 (Aggravated Kidnapping);
291	291	[(C) Section 22.021 (Aggravated Sexual Assault);
292	292	[(D) Section 22.03 (Deadly Assault on Law
293	293	Enforcement or Corrections Officer, Member or Employee of Board of
294	294	Pardons and Paroles, or Court Participant);
295	295	[(E) Section 22.04 (Injury to a Child, Elderly
296	296	Individual, or Disabled Individual);
297	297	[(F) Section 29.03 (Aggravated Robbery);
298	298	[(G)] Section 30.02 (Burglary); or
299	299	(B) [(H)] Section 71.02 (Engaging in Organized
300	300	Criminal Activity);
301	301	[(I) Section 21.02 (Continuous Sexual Abuse of
302	302	Young Child or Disabled Individual); or
303	303	[(J) Section 20A.03 (Continuous Trafficking of
304	304	Persons);]
305	305	(2) is charged with a felony under Chapter 481, Health
306	306	and Safety Code, or Section 485.033, Health and Safety Code,
307	307	punishable by imprisonment for a minimum term or by a maximum fine
308	308	that is more than a minimum term or maximum fine for a first degree
309	309	felony; or
310	310	(3) does not submit to testing for the presence of a
311	311	controlled substance in the defendant's body as requested by the
312	312	court or magistrate under Subsection (c) of this article or submits
313	313	to testing and the test shows evidence of the presence of a
314	314	controlled substance in the defendant's body.
315	315	(b-2) Notwithstanding any other law, a defendant may not be
316	316	released on personal bond if the defendant:
317	317	(1) is charged with an offense involving violence; or
318	318	(2) while released on bail or community supervision
319	319	for an offense involving violence, is charged with committing:
320	320	(A) any offense punishable as a felony; or
321	321	(B) an offense under the following provisions of
322	322	the Penal Code:
323	323	(i) Section 22.01(a)(1) (assault);
324	324	(ii) Section 22.05 (deadly conduct);
325	325	(iii) Section 22.07 (terroristic threat);
326	326	or
327	327	(iv) Section 42.01(a)(7) or (8) (disorderly
328	328	conduct involving firearm).
329	329	(b-3) In this article:
330	330	(1) "Controlled substance" has the meaning assigned by
331	331	Section 481.002, Health and Safety Code.
332	332	(2) "Offense involving violence" means an offense
333	333	under the following provisions of the Penal Code:
334	334	(A) Section 19.02 (murder);
335	335	(B) Section 19.03 (capital murder);
336	336	(C) Section 20.03 (kidnapping);
337	337	(D) Section 20.04 (aggravated kidnapping);
338	338	(E) Section 20A.02 (trafficking of persons);
339	339	(F) Section 20A.03 (continuous trafficking of
340	340	persons);
341	341	(G) Section 21.02 (continuous sexual abuse of
342	342	young child or disabled individual);
343	343	(H) Section 21.11 (indecency with a child);
344	344	(I) Section 22.01(a)(1) (assault), if the
345	345	offense:
346	346	(i) is punishable as a felony of the second
347	347	degree under Subsection (b-2) of that section; or
348	348	(ii) involved family violence as defined by
349	349	Section 71.004, Family Code;
350	350	(J) Section 22.011 (sexual assault);
351	351	(K) Section 22.02 (aggravated assault);
352	352	(L) Section 22.021 (aggravated sexual assault);
353	353	(M) Section 22.04 (injury to a child, elderly
354	354	individual, or disabled individual);
355	355	(N) Section 25.072 (repeated violation of
356	356	certain court orders or conditions of bond in family violence,
357	357	child abuse or neglect, sexual assault or abuse, indecent assault,
358	358	stalking, or trafficking case);
359	359	(O) Section 25.11 (continuous violence against
360	360	the family);
361	361	(P) Section 29.03 (aggravated robbery);
362	362	(Q) Section 38.14 (taking or attempting to take
363	363	weapon from peace officer, federal special investigator, employee
364	364	or official of correctional facility, parole officer, community
365	365	supervision and corrections department officer, or commissioned
366	366	security officer);
367	367	(R) Section 43.04 (aggravated promotion of
368	368	prostitution);
369	369	(S) Section 43.05 (compelling prostitution); or
370	370	(T) Section 43.25 (sexual performance by a
371	371	child).
372	372	SECTION 6. Chapter 17, Code of Criminal Procedure, is
373	373	amended by adding Articles 17.0501 and 17.071 to read as follows:
374	374	Art. 17.0501. REQUIRED TRAINING. The Department of Public
375	375	Safety shall develop training courses that relate to the use of the
376	376	statewide telecommunications system maintained by the department
377	377	and that are directed to each magistrate, judge, sheriff, peace
378	378	officer, or jailer required to obtain criminal history record
379	379	information under this chapter, as necessary to enable the person
380	380	to fulfill those requirements.
381	381	Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
382	382	article, "charitable bail organization" means a person who solicits
383	383	donations from the public for the purpose of depositing money with a
384	384	court in the amount of a defendant's bail bond. The term does not
385	385	include:
386	386	(1) a person soliciting donations with respect to a
387	387	defendant who is a member of the person's family, as determined
388	388	under Section 71.003, Family Code; or
389	389	(2) a nonprofit corporation organized for the purpose
390	390	of religious worship.
391	391	(b) This article does not apply to a charitable bail
392	392	organization that pays a bail bond for not more than three
393	393	defendants in any 180-day period.
394	394	(c) A charitable bail organization shall file in the office
395	395	of the county clerk of each county where the organization intends to
396	396	pay bail bonds an affidavit designating the individuals authorized
397	397	to pay bonds on behalf of the organization.
398	398	(d) A charitable bail organization may only pay bail bonds
399	399	for indigent defendants who:
400	400	(1) are not charged with an offense involving violence
401	401	as defined by Article 17.03; and
402	402	(2) have not previously been convicted of an offense
403	403	involving violence as defined by Article 17.03.
404	404	(e) Not later than the 10th day of each month, a charitable
405	405	bail organization shall submit, to the sheriff of each county in
406	406	which the organization files an affidavit under Subsection (c), a
407	407	report that includes the following information for each defendant
408	408	for whom the organization paid a bail bond in the preceding calendar
409	409	month:
410	410	(1) the name of the defendant;
411	411	(2) the cause number of the case;
412	412	(3) the county in which the applicable charge is
413	413	pending, if different from the county in which the bond was paid;
414	414	and
415	415	(4) any dates on which the defendant has failed to
416	416	appear in court as required for the charge for which the bond was
417	417	paid.
418	418	(f) A charitable bail organization may not pay a bail bond
419	419	for a defendant at any time the organization is considered to be out
420	420	of compliance with the reporting requirements of this article.
421	421	(g) A sheriff may suspend a charitable bail organization
422	422	from paying bail bonds in the sheriff's county for one year if the
423	423	sheriff determines the organization has paid bonds in violation of
424	424	this article.
425	425	(h) Chapter 22 applies to a bail bond paid by a charitable
426	426	bail organization.
427	427	(i) A charitable bail organization may not accept a premium
428	428	or compensation for paying a bail bond for a defendant.
429	429	SECTION 7. Article 17.15, Code of Criminal Procedure, is
430	430	amended to read as follows:
431	431	Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
432	432	The amount of bail and any conditions of bail to be required in any
433	433	case are [is] to be regulated by the court, judge, magistrate, or
434	434	officer taking the bail in accordance with Articles 17.20, 17.21,
435	435	and 17.22 and [; they] are [to be] governed [in the exercise of this
436	436	discretion] by the Constitution and [by] the following rules:
437	437	1. Bail and any conditions of bail [The bail] shall be
438	438	sufficient [sufficiently high] to give reasonable assurance that
439	439	the undertaking will be complied with.
440	440	2. The power to require bail is not to be [so] used
441	441	[as] to make bail [it] an instrument of oppression.
442	442	3. The nature of the offense and the circumstances
443	443	under which the offense [it] was committed are to be considered,
444	444	including whether the offense:
445	445	(A) is an offense involving violence as defined
446	446	by Article 17.03; or
447	447	(B) involves violence directed against a peace
448	448	officer.
449	449	4. The ability to make bail shall [is to] be considered
450	450	[regarded], and proof may be taken on [upon] this point.
451	451	5. The future safety of a victim of the alleged
452	452	offense, law enforcement, and the community shall be considered.
453	453	6. The criminal history record information for the
454	454	defendant, including information obtained through the statewide
455	455	telecommunications system maintained by the Department of Public
456	456	Safety and through the public safety report system developed under
457	457	Article 17.021, shall be considered, including any acts of family
458	458	violence, other pending criminal charges, and any instances in
459	459	which the defendant failed to appear in court following release on
460	460	bail.
461	461	7. The citizenship status of the defendant shall be
462	462	considered.
463	463	(b) For purposes of determining whether clear and
464	464	convincing evidence exists to deny a person bail under Section 11d,
465	465	Article I, Texas Constitution, a magistrate shall consider all
466	466	information relevant to the factors listed in Subsection (a).
467	467	(c) In this article, "family violence" has the meaning
468	468	assigned by Section 71.004, Family Code.
469	469	SECTION 8. Article 17.20, Code of Criminal Procedure, is
470	470	amended to read as follows:
471	471	Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
472	472	misdemeanor, the sheriff or other peace officer, or a jailer
473	473	licensed under Chapter 1701, Occupations Code, may, whether during
474	474	the term of the court or in vacation, where the officer has a
475	475	defendant in custody, take the defendant's [of the defendant a]
476	476	bail [bond].
477	477	(b) Before taking bail under this article, the sheriff,
478	478	peace officer, or jailer shall obtain the defendant's criminal
479	479	history record information through the statewide
480	480	telecommunications system maintained by the Department of Public
481	481	Safety and through the public safety report system developed under
482	482	Article 17.021.
483	483	(c) If the defendant is charged with or has previously been
484	484	convicted of an offense involving violence as defined by Article
485	485	17.03, the sheriff, officer, or jailer may not set the amount of the
486	486	defendant's bail but may take the defendant's bail in the amount set
487	487	by the court.
488	488	SECTION 9. Article 17.22, Code of Criminal Procedure, is
489	489	amended to read as follows:
490	490	Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
491	491	if the court before which the case [same] is pending is not in
492	492	session in the county where the defendant is in custody, the sheriff
493	493	or other peace officer, or a jailer licensed under Chapter 1701,
494	494	Occupations Code, who has the defendant in custody may take the
495	495	defendant's bail [bond] in the [such] amount set [as may have been
496	496	fixed] by the court or magistrate, or if no amount has been set
497	497	[fixed], then in any [such] amount that the [as such] officer
498	498	considers [may consider] reasonable and that is in compliance with
499	499	Article 17.15.
500	500	(b) Before taking bail under this article, the sheriff,
501	501	peace officer, or jailer shall obtain the defendant's criminal
502	502	history record information through the statewide
503	503	telecommunications system maintained by the Department of Public
504	504	Safety and through the public safety report system developed under
505	505	Article 17.021.
506	506	(c) If the defendant is charged with or has previously been
507	507	convicted of an offense involving violence as defined by Article
508	508	17.03, the sheriff, officer, or jailer may not set the amount of the
509	509	defendant's bail but may take the defendant's bail in the amount set
510	510	by the court.
511	511	SECTION 10. Chapter 17, Code of Criminal Procedure, is
512	512	amended by adding Articles 17.51, 17.52, and 17.53 to read as
513	513	follows:
514	514	Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as
515	515	practicable but not later than the next business day after the date
516	516	a magistrate issues an order imposing a condition of release on bond
517	517	for a defendant or modifying or removing a condition previously
518	518	imposed, the clerk of the court shall send a copy of the order to:
519	519	(1) the appropriate attorney representing the state;
520	520	and
521	521	(2) either:
522	522	(A) the chief of police in the municipality where
523	523	the defendant resides, if the defendant resides in a municipality;
524	524	or
525	525	(B) the sheriff of the county where the defendant
526	526	resides, if the defendant does not reside in a municipality.
527	527	(b) A clerk of the court may delay sending a copy of the
528	528	order under Subsection (a) only if the clerk lacks information
529	529	necessary to ensure service and enforcement.
530	530	(c) If an order described by Subsection (a) prohibits a
531	531	defendant from going to or near a child care facility or school, the
532	532	clerk of the court shall send a copy of the order to the child care
533	533	facility or school.
534	534	(d) The copy of the order and any related information may be
535	535	sent electronically or in another manner that can be accessed by the
536	536	recipient.
537	537	(e) The magistrate or the magistrate's designee shall
538	538	provide written notice to the defendant of:
539	539	(1) the conditions of release on bond; and
540	540	(2) the penalties for violating a condition of
541	541	release.
542	542	(f) The magistrate shall make a separate record of the
543	543	notice provided to the defendant under Subsection (e).
544	544	(g) The Office of Court Administration of the Texas Judicial
545	545	System shall promulgate a form for use by a magistrate or a
546	546	magistrate's designee in providing notice to the defendant under
547	547	Subsection (e). The form must include the relevant statutory
548	548	language from the provisions of this chapter under which a
549	549	condition of release on bond may be imposed on a defendant.
550	550	Art. 17.52. REPORTING OF CONDITIONS. A chief of police or
551	551	sheriff who receives a copy of an order described by Article
552	552	17.51(a), or the chief's or sheriff's designee, shall, as soon as
553	553	practicable but not later than the 10th day after the date the copy
554	554	is received, enter information relating to the condition of release
555	555	into the appropriate database of the statewide law enforcement
556	556	information system maintained by the Department of Public Safety or
557	557	modify or remove information, as appropriate.
558	558	Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND.
559	559	The Office of Court Administration of the Texas Judicial System
560	560	shall develop statewide procedures and prescribe forms to be used
561	561	by a court to facilitate:
562	562	(1) the refund of any cash funds paid toward a monetary
563	563	bond, with an emphasis on refunding those funds to the person in
564	564	whose name the receipt described by Article 17.02 was issued; and
565	565	(2) the application of those cash funds to the
566	566	defendant's outstanding court costs, fines, and fees.
567	567	SECTION 11. Article 66.102(c), Code of Criminal Procedure,
568	568	is amended to read as follows:
569	569	(c) Information in the computerized criminal history system
570	570	relating to an arrest must include:
571	571	(1) the offender's name;
572	572	(2) the offender's state identification number;
573	573	(3) the arresting law enforcement agency;
574	574	(4) the arrest charge, by offense code and incident
575	575	number;
576	576	(5) whether the arrest charge is a misdemeanor or
577	577	felony;
578	578	(6) the date of the arrest;
579	579	(7) for an offender released on bail, whether a
580	580	warrant was issued for any subsequent failure of the offender to
581	581	appear in court;
582	582	(8) the exact disposition of the case by a law
583	583	enforcement agency following the arrest; and
584	584	(9) [(8)] the date of disposition of the case by the
585	585	law enforcement agency.
586	586	SECTION 12. Section 27.005, Government Code, is amended to
587	587	read as follows:
588	588	Sec. 27.005. EDUCATIONAL REQUIREMENTS. (a) For purposes of
589	589	removal under Chapter 87, Local Government Code, "incompetency" in
590	590	the case of a justice of the peace includes the failure of the
591	591	justice to successfully complete:
592	592	(1) within one year after the date the justice is first
593	593	elected:
594	594	(A) [,] an 80-hour course in the performance of
595	595	the justice's duties;
596	596	(B) the course described by Article
597	597	17.024(a)(1), Code of Criminal Procedure; and
598	598	(C) the course described by Article 17.0501, Code
599	599	of Criminal Procedure;
600	600	(2) each following year, a 20-hour course in the
601	601	performance of the justice's duties, including not less than 10
602	602	hours of instruction regarding substantive, procedural, and
603	603	evidentiary law in civil matters; and
604	604	(3) each following state fiscal biennium, the course
605	605	described by Article 17.024(a)(2), Code of Criminal Procedure.
606	606	(b) The courses described by Subsections (a)(1)(A) and
607	607	(a)(2) may be completed in an accredited state-supported school of
608	608	higher education.
609	609	SECTION 13. Subchapter C, Chapter 71, Government Code, is
610	610	amended by adding Section 71.0351 to read as follows:
611	611	Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
612	612	As a component of the official monthly report submitted to the
613	613	Office of Court Administration of the Texas Judicial System under
614	614	Section 71.035, the clerk of each court setting bail in criminal
615	615	cases shall report:
616	616	(1) the number of defendants for whom bail was set,
617	617	including:
618	618	(A) the number for each category of offense;
619	619	(B) the number of personal bonds; and
620	620	(C) the number of monetary bonds;
621	621	(2) the number of defendants released on bail who
622	622	subsequently failed to appear;
623	623	(3) the number of defendants released on bail who
624	624	subsequently violated a condition of release; and
625	625	(4) the number of defendants who committed an offense
626	626	while released on bail or community supervision.
627	627	(b) The office shall post the information in a publicly
628	628	accessible place on the agency's Internet website without
629	629	disclosing any personal information of any defendant, judge, or
630	630	magistrate.
631	631	(c) Not later than December 1 of each year, the office shall
632	632	submit a report containing the data collected under this section
633	633	during the previous state fiscal year to the governor, the
634	634	lieutenant governor, the speaker of the house of representatives,
635	635	and the standing committees of each house of the legislature with
636	636	jurisdiction over the judiciary.
637	637	SECTION 14. Subchapter C, Chapter 72, Government Code, is
638	638	amended by adding Section 72.038 to read as follows:
639	639	Sec. 72.038. BAIL FORM. (a) The office shall promulgate a
640	640	form to be completed by a magistrate, judge, sheriff, peace
641	641	officer, or jailer who sets a defendant's bail under Chapter 17,
642	642	Code of Criminal Procedure.
643	643	(b) The form must:
644	644	(1) state the cause number of the case, if available,
645	645	the defendant's name and date of birth, and the offense for which
646	646	the defendant was arrested;
647	647	(2) state the name and the office or position of the
648	648	person setting bail;
649	649	(3) state the requirements for setting bail under
650	650	Article 17.15, Code of Criminal Procedure, and list each factor
651	651	provided by Article 17.15(a) of that code;
652	652	(4) require the person setting bail to:
653	653	(A) identify the bail type, the amount of the
654	654	bail, and any conditions of bail;
655	655	(B) certify that the person considered each
656	656	factor provided by Article 17.15(a), Code of Criminal Procedure;
657	657	and
658	658	(C) certify that the person considered the
659	659	information provided by the public safety report system developed
660	660	under Article 17.021, Code of Criminal Procedure; and
661	661	(5) be signed by the person setting the bail.
662	662	(c) The person setting bail, an employee of the court that
663	663	set the defendant's bail, or an employee of the county in which the
664	664	defendant's bail was set must promptly and electronically provide
665	665	the form required under this section to the office on completion of
666	666	the form.
667	667	(d) The office shall publish each form submitted under this
668	668	section in a database that is publicly accessible on the office's
669	669	Internet website.
670	670	SECTION 15. Section 117.055, Local Government Code, is
671	671	amended by amending Subsection (a) and adding Subsections (a-1) and
672	672	(a-2) to read as follows:
673	673	(a) Except as provided by Subsection (a-1), to [To]
674	674	compensate the county for the accounting and administrative
675	675	expenses incurred in handling the registry funds that have not
676	676	earned interest, including funds in a special or separate account,
677	677	the clerk shall, at the time of withdrawal, deduct from the amount
678	678	of the withdrawal a fee in an amount equal to five percent of the
679	679	withdrawal but that may not exceed $50. Withdrawal of funds
680	680	generated from a case arising under the Family Code is exempt from
681	681	the fee deduction provided by this section.
682	682	(a-1) A clerk may not deduct a fee under Subsection (a) from
683	683	a withdrawal of funds generated by the collection of a cash bond or
684	684	cash bail bond if in the case for which the bond was taken:
685	685	(1) the defendant was found not guilty after a trial or
686	686	appeal; or
687	687	(2) the complaint, information, or indictment was
688	688	dismissed without a plea of guilty or nolo contendere being
689	689	entered.
690	690	(a-2) On the request of a person to whom withdrawn funds
691	691	generated by the collection of a cash bond or cash bail bond were
692	692	disbursed, the clerk shall refund to the person the amount of the
693	693	fee deducted under Subsection (a) if:
694	694	(1) subsequent to the deduction, a court makes or
695	695	enters an order or ruling in the case for which the bond was taken;
696	696	and
697	697	(2) had the court made or entered the order or ruling
698	698	before the withdrawal of funds occurred, the deduction under
699	699	Subsection (a) would have been prohibited under Subsection (a-1).
700	700	SECTION 16. Article 17.03(f), Code of Criminal Procedure,
701	701	is repealed.
702	702	SECTION 17. As soon as practicable but not later than
703	703	December 1, 2021, the Office of Court Administration of the Texas
704	704	Judicial System shall create the public safety report system
705	705	developed under Article 17.021, Code of Criminal Procedure, as
706	706	added by this Act, and any related forms and materials and shall
707	707	provide to the appropriate officials in each county access to the
708	708	system, forms, and materials at no cost. If those items are made
709	709	available before December 1, 2021, the office shall notify each
710	710	court clerk, judge or other magistrate, and office of an attorney
711	711	representing the state.
712	712	SECTION 18. (a) As soon as practicable but not later than
713	713	December 1, 2021, the Office of Court Administration of the Texas
714	714	Judicial System shall:
715	715	(1) promulgate the forms required by Articles
716	716	17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
717	717	this Act, and by Section 72.038, Government Code, as added by this
718	718	Act; and
719	719	(2) develop or approve and make available the training
720	720	courses and certification method as described by Article 17.024,
721	721	Code of Criminal Procedure, as added by this Act, and develop the
722	722	procedures and prescribe the forms required by Article 17.53, Code
723	723	of Criminal Procedure, as added by this Act.
724	724	(b) If the items described by Subsection (a) of this section
725	725	are made available before December 1, 2021, the office shall notify
726	726	each court clerk, judge or other magistrate, and office of an
727	727	attorney representing the state.
728	728	SECTION 19. Section 117.055, Local Government Code, as
729	729	amended by this Act, applies only to a withdrawal of funds from a
730	730	court registry under Section 117.055, Local Government Code, made
731	731	on or after the effective date provided by Section 21(c) of this
732	732	Act. A withdrawal of funds from a court registry made before the
733	733	effective date provided by Section 21(c) of this Act is governed by
734	734	the law in effect on the date the withdrawal was made, and the
735	735	former law is continued in effect for that purpose.
736	736	SECTION 20. The changes in law made by this Act apply only
737	737	to a person who is arrested on or after the effective date of this
738	738	Act. A person arrested before the effective date of this Act is
739	739	governed by the law in effect on the date the person was arrested,
740	740	and the former law is continued in effect for that purpose.
741	741	SECTION 21. (a) Except as provided by Subsections (b) and
742	742	(c) of this section, this Act takes effect December 1, 2021.
743	743	(b) Article 17.15(b), Code of Criminal Procedure, as added
744	744	by this Act, takes effect December 1, 2021, but only if the
745	745	constitutional amendment proposed by the 87th Legislature, 1st
746	746	Called Session, 2021, requiring a judge or magistrate to impose the
747	747	least restrictive conditions of bail that may be necessary and
748	748	authorizing the denial of bail under some circumstances to a person
749	749	accused of a violent or sexual offense or of continuous trafficking
750	750	of persons is approved by the voters. If that amendment is not
751	751	approved by the voters, Article 17.15(b), Code of Criminal
752	752	Procedure, has no effect.
753	753	(c) Articles 17.021 and 17.024, Code of Criminal Procedure,
754	754	as added by this Act, and Sections 3, 15, 17, 18, and 19 of this Act
755	755	take effect on the 91st day after the last day of the legislative
756	756	session.