Texas 2021 - 87th 2nd C.S.

Texas House Bill HB12 Compare Versions

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

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1	1	87S20379 LHC-D
2	2	By: Smith H.B. No. 12
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 15.17(a), Code of Criminal Procedure, is
24	24	amended to read as follows:
25	25	(a) In each case enumerated in this Code, the person making
26	26	the arrest or the person having custody of the person arrested shall
27	27	without unnecessary delay, but not later than 48 hours after the
28	28	person is arrested, take the person arrested or have him taken
29	29	before some magistrate of the county where the accused was arrested
30	30	or, to provide more expeditiously to the person arrested the
31	31	warnings described by this article, before a magistrate in any
32	32	other county of this state. The arrested person may be taken before
33	33	the magistrate in person or the image of the arrested person may be
34	34	presented to the magistrate by means of a videoconference. The
35	35	magistrate shall inform in clear language the person arrested,
36	36	either in person or through a videoconference, of the accusation
37	37	against him and of any affidavit filed therewith, of his right to
38	38	retain counsel, of his right to remain silent, of his right to have
39	39	an attorney present during any interview with peace officers or
40	40	attorneys representing the state, of his right to terminate the
41	41	interview at any time, and of his right to have an examining trial.
42	42	The magistrate shall also inform the person arrested of the
43	43	person's right to request the appointment of counsel if the person
44	44	cannot afford counsel. The magistrate shall inform the person
45	45	arrested of the procedures for requesting appointment of counsel.
46	46	If applicable, the magistrate shall inform the person that the
47	47	person may file the affidavit described by Article 17.028(f). If
48	48	the person does not speak and understand the English language or is
49	49	deaf, the magistrate shall inform the person in a manner consistent
50	50	with Articles 38.30 and 38.31, as appropriate. The magistrate shall
51	51	ensure that reasonable assistance in completing the necessary forms
52	52	for requesting appointment of counsel is provided to the person at
53	53	the same time. If the person arrested is indigent and requests
54	54	appointment of counsel and if the magistrate is authorized under
55	55	Article 26.04 to appoint counsel for indigent defendants in the
56	56	county, the magistrate shall appoint counsel in accordance with
57	57	Article 1.051. If the magistrate is not authorized to appoint
58	58	counsel, the magistrate shall without unnecessary delay, but not
59	59	later than 24 hours after the person arrested requests appointment
60	60	of counsel, transmit, or cause to be transmitted to the court or to
61	61	the courts' designee authorized under Article 26.04 to appoint
62	62	counsel in the county, the forms requesting the appointment of
63	63	counsel. The magistrate shall also inform the person arrested that
64	64	he is not required to make a statement and that any statement made
65	65	by him may be used against him. The magistrate shall allow the
66	66	person arrested reasonable time and opportunity to consult counsel
67	67	and shall, after determining whether the person is currently on
68	68	bail for a separate criminal offense and whether the bail decision
69	69	is subject to Article 17.027, admit the person arrested to bail if
70	70	allowed by law. A record of the communication between the arrested
71	71	person and the magistrate shall be made. The record shall be
72	72	preserved until the earlier of the following dates: (1) the date on
73	73	which the pretrial hearing ends; or (2) the 91st day after the date
74	74	on which the record is made if the person is charged with a
75	75	misdemeanor or the 120th day after the date on which the record is
76	76	made if the person is charged with a felony. For purposes of this
77	77	subsection, "videoconference" means a two-way electronic
78	78	communication of image and sound between the arrested person and
79	79	the magistrate and includes secure Internet videoconferencing.
80	80	SECTION 4. Article 17.02, Code of Criminal Procedure, is
81	81	amended to read as follows:
82	82	Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
83	83	written undertaking entered into by the defendant and the
84	84	defendant's sureties for the appearance of the principal therein
85	85	before a court or magistrate to answer a criminal accusation;
86	86	provided, however, that the defendant on execution of the bail bond
87	87	may deposit with the custodian of funds of the court in which the
88	88	prosecution is pending current money of the United States in the
89	89	amount of the bond in lieu of having sureties signing the same. Any
90	90	cash funds deposited under this article shall be receipted for by
91	91	the officer receiving the funds and, on order of the court, be
92	92	refunded in the amount shown on the face of the receipt less the
93	93	administrative fee authorized by Section 117.055, Local Government
94	94	Code, if applicable, after the defendant complies with the
95	95	conditions of the defendant's bond, to:
96	96	(1) any person in the name of whom a receipt was
97	97	issued, including the defendant if a receipt was issued to the
98	98	defendant; or
99	99	(2) the defendant, if no other person is able to
100	100	produce a receipt for the funds.
101	101	SECTION 5. Chapter 17, Code of Criminal Procedure, is
102	102	amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
103	103	and 17.028 to read as follows:
104	104	Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office
105	105	of Court Administration of the Texas Judicial System shall develop
106	106	and maintain a public safety report system that is available for use
107	107	for purposes of Article 17.15.
108	108	(b) The public safety report system must:
109	109	(1) state the requirements for setting bail under
110	110	Article 17.15 and list each factor provided by Article 17.15(a);
111	111	(2) provide the defendant's name and date of birth, the
112	112	cause number of the case, if available, and the offense for which
113	113	the defendant was arrested;
114	114	(3) provide information on the eligibility of the
115	115	defendant for a personal bond;
116	116	(4) provide information regarding the applicability
117	117	of any required or discretionary bond conditions;
118	118	(5) provide, in summary form, the criminal history of
119	119	the defendant, including information regarding any:
120	120	(A) previous misdemeanor or felony convictions;
121	121	(B) pending charges;
122	122	(C) previous sentences imposing a term of
123	123	confinement;
124	124	(D) previous convictions or pending charges for
125	125	offenses involving violence as defined by Article 17.03; and
126	126	(E) previous failures of the defendant to appear
127	127	in court following release on bail; and
128	128	(6) be designed to collect and maintain the
129	129	information provided on a bail form submitted under Section 72.038,
130	130	Government Code.
131	131	(c) The office shall provide access to the public safety
132	132	report system to the appropriate officials in each county and each
133	133	municipality at no cost. This subsection may not be construed to
134	134	require the office to provide an official or magistrate with any
135	135	equipment or support related to accessing or using the public
136	136	safety report system.
137	137	(d) The public safety report system may not:
138	138	(1) be the only item relied on by a judge or magistrate
139	139	in making a bail decision;
140	140	(2) include a score, rating, or assessment of a
141	141	defendant's risk or make any recommendation regarding the
142	142	appropriate bail for the defendant; or
143	143	(3) include any information other than the information
144	144	listed in Subsection (b).
145	145	(e) The office shall use the information maintained under
146	146	Subsection (b)(6) to collect data regarding the number of
147	147	defendants for whom bail was set during the preceding state fiscal
148	148	year, including:
149	149	(1) the number for each category of offense;
150	150	(2) the number of personal bonds; and
151	151	(3) the number of monetary bonds.
152	152	(f) Not later than December 1 of each year, the office shall
153	153	submit a report containing the data described by Subsection (e) to
154	154	the governor, lieutenant governor, speaker of the house of
155	155	representatives, and presiding officers of the standing committees
156	156	of each house of the legislature with primary jurisdiction over the
157	157	judiciary.
158	158	Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate
159	159	considering the release on bail of a defendant charged with an
160	160	offense punishable as a Class B misdemeanor or any higher category
161	161	of offense shall order that:
162	162	(1) the personal bond office established under Article
163	163	17.42 for the county in which the defendant is being detained, if a
164	164	personal bond office has been established for that county, or other
165	165	suitably trained person including judicial personnel or sheriff's
166	166	department personnel, use the public safety report system developed
167	167	under Article 17.021 to prepare a public safety report with respect
168	168	to the defendant; and
169	169	(2) the public safety report prepared under
170	170	Subdivision (1) be provided to the magistrate as soon as
171	171	practicable but not later than 48 hours after the defendant's
172	172	arrest.
173	173	(b) A magistrate may not, without the consent of the
174	174	sheriff, order a sheriff or sheriff's department personnel to
175	175	prepare a public safety report under Subsection (a).
176	176	(c) Notwithstanding Subsection (a), a magistrate may
177	177	personally prepare a public safety report, before or while making a
178	178	bail decision, using the public safety report system developed
179	179	under Article 17.021.
180	180	(d) The magistrate shall:
181	181	(1) consider the public safety report before setting
182	182	bail; and
183	183	(2) promptly but not later than 72 hours after the time
184	184	bail is set, submit the bail form described by Section 72.038,
185	185	Government Code, in accordance with that section.
186	186	(e) A magistrate may, but is not required to, order,
187	187	prepare, or consider a public safety report in setting bail for a
188	188	defendant charged only with a misdemeanor punishable by fine only.
189	189	Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
190	190	(a) This article applies only to a defendant charged with an
191	191	offense that is:
192	192	(1) punishable as a felony; or
193	193	(2) a misdemeanor punishable by confinement.
194	194	(b) Notwithstanding any other law, a defendant to whom this
195	195	article applies may be released on bail only by a magistrate who is:
196	196	(1) any of the following:
197	197	(A) a resident of this state and one of the
198	198	counties served by the magistrate;
199	199	(B) a justice of the peace serving under Section
200	200	27.054 or 27.055, Government Code; or
201	201	(C) a judge or justice serving under Chapter 74,
202	202	Government Code; and
203	203	(2) in compliance with the training requirements of
204	204	Article 17.024.
205	205	(c) A magistrate is not eligible to release on bail a
206	206	defendant described by Subsection (a) if the magistrate:
207	207	(1) has been removed from office by impeachment, by
208	208	the supreme court, by the governor on address to the legislature, by
209	209	a tribunal reviewing a recommendation of the State Commission on
210	210	Judicial Conduct, or by the legislature's abolition of the
211	211	magistrate's court; or
212	212	(2) has resigned from office after having received
213	213	notice that formal proceedings by the State Commission on Judicial
214	214	Conduct have been instituted as provided by Section 33.022,
215	215	Government Code, and before final disposition of the proceedings.
216	216	Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The
217	217	Office of Court Administration of the Texas Judicial System shall,
218	218	in consultation with the court of criminal appeals, develop or
219	219	approve training courses regarding a magistrate's duties,
220	220	including duties with respect to setting bail in criminal cases.
221	221	The courses developed must include:
222	222	(1) an eight-hour initial training course that
223	223	includes the content of the applicable training course described by
224	224	Article 17.0501; and
225	225	(2) a two-hour continuing education course.
226	226	(b) The office shall provide for a method of certifying that
227	227	a magistrate has successfully completed a training course required
228	228	under this article and has demonstrated competency of the course
229	229	content in a manner acceptable to the office.
230	230	(c) A magistrate is in compliance with the training
231	231	requirements of this article if:
232	232	(1) not later than the 90th day after the date the
233	233	magistrate takes office, the magistrate successfully completes the
234	234	course described by Subsection (a)(1);
235	235	(2) the magistrate successfully completes the course
236	236	described by Subsection (a)(2) in each subsequent state fiscal
237	237	biennium in which the magistrate serves; and
238	238	(3) the magistrate demonstrates competency as
239	239	provided by Subsection (b).
240	240	(c-1) Notwithstanding Subsection (c), a magistrate who is
241	241	serving on January 1, 2022, is considered to be in compliance with
242	242	Subsection (c)(1) if the magistrate successfully completes the
243	243	training course not later than September 1, 2022. This subsection
244	244	expires February 1, 2023.
245	245	(d) Any course developed or approved by the office under
246	246	this article may be administered by the Texas Justice Court
247	247	Training Center, the Texas Municipal Courts Education Center, the
248	248	Texas Association of Counties, the Texas Center for the Judiciary,
249	249	or a similar entity.
250	250	Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
251	251	OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other
252	252	law:
253	253	(1) if a defendant is charged with committing an
254	254	offense punishable as a felony while released on bail for another
255	255	offense punishable as a felony and the subsequent offense was
256	256	committed in the same county as the previous offense, only the court
257	257	before whom the case for the previous offense is pending may release
258	258	the defendant on bail; and
259	259	(2) if a defendant is charged with committing an
260	260	offense while released on bail for another offense and the
261	261	subsequent offense was committed in a different county than the
262	262	previous offense, electronic notice of the charge must be promptly
263	263	given to the court specified by Subdivision (1) for purposes of
264	264	reevaluating the bail decision, determining whether any bail
265	265	conditions were violated, or taking any other applicable action.
266	266	(b) This article may not be construed to extend any deadline
267	267	provided by Article 15.17.
268	268	Art. 17.028. BAIL DECISION. (a) Without unnecessary delay
269	269	but not later than 48 hours after a defendant is arrested, a
270	270	magistrate shall order, after individualized consideration of all
271	271	circumstances and of the factors required by Article 17.15(a), that
272	272	the defendant be:
273	273	(1) granted personal bond with or without conditions;
274	274	(2) granted surety or cash bond with or without
275	275	conditions; or
276	276	(3) denied bail in accordance with the Texas
277	277	Constitution and other law.
278	278	(b) In setting bail under this article, the magistrate shall
279	279	impose the least restrictive conditions, if any, and the personal
280	280	bond or monetary bond necessary to reasonably ensure the
281	281	defendant's appearance in court as required and the safety of the
282	282	community, law enforcement, and the victim of the alleged offense.
283	283	(c) In each criminal case, unless specifically provided by
284	284	other law, there is a rebuttable presumption that bail, conditions
285	285	of release, or both bail and conditions of release are sufficient to
286	286	reasonably ensure the defendant's appearance in court as required
287	287	and the safety of the community, law enforcement, and the victim of
288	288	the alleged offense. For purposes of setting bail or rebutting the
289	289	presumption, the court may not consider testimonial evidence.
290	290	(d) A judge may not adopt a bail schedule or enter a standing
291	291	order related to bail that:
292	292	(1) is inconsistent with this article; or
293	293	(2) authorizes a magistrate to make a bail decision
294	294	for a defendant without considering each of the factors in Article
295	295	17.15(a).
296	296	(e) A defendant who is denied bail or who is unable to give
297	297	bail in the amount required by any bail schedule or standing order
298	298	related to bail shall be provided with the warnings described by
299	299	Article 15.17.
300	300	(f) A defendant who is charged with an offense punishable as
301	301	a Class B misdemeanor or any higher category of offense and who is
302	302	unable to give bail in the amount required by a schedule or order
303	303	described by Subsection (e), other than a defendant who is denied
304	304	bail, shall be provided with the opportunity to file with the
305	305	applicable magistrate a sworn affidavit in substantially the
306	306	following form:
307	307	"On this ___ day of _____, 2____, I have been advised by
308	308	________ (name of the court or magistrate, as applicable) of the
309	309	importance of providing true and complete information about my
310	310	financial situation in connection with the charge pending against
311	311	me. I am without means to pay ______ and I hereby request that an
312	312	appropriate bail be set. (signature of defendant)."
313	313	(g) A defendant filing an affidavit under Subsection (f)
314	314	shall complete a form to allow a magistrate to assess information
315	315	relevant to the defendant's financial situation. The form must be
316	316	the form used to request appointment of counsel under Article 26.04
317	317	or a form promulgated by the Office of Court Administration of the
318	318	Texas Judicial System that collects, at a minimum and to the best of
319	319	the defendant's knowledge, the information a court may consider
320	320	under Article 26.04(m).
321	321	(g-1) The magistrate making the bail decision under
322	322	Subsection (a) shall, if applicable:
323	323	(1) inform the defendant of the defendant's right to
324	324	file an affidavit under Subsection (f); and
325	325	(2) ensure that the defendant receives reasonable
326	326	assistance in completing the affidavit described by Subsection (f)
327	327	and the form described by Subsection (g).
328	328	(h) A defendant described by Subsection (f) may file an
329	329	affidavit under Subsection (f) at any time before or during the bail
330	330	proceeding under Subsection (a). A defendant who files an affidavit
331	331	under Subsection (f) is entitled to a prompt hearing before the
332	332	magistrate on the bail amount. The hearing may be held before the
333	333	magistrate making the bail decision under Subsection (a) or may
334	334	occur as a separate pretrial proceeding held for that purpose. The
335	335	defendant must be given the opportunity to present evidence and
336	336	respond to evidence presented by the attorney representing the
337	337	state. The magistrate shall consider the facts presented and the
338	338	rules established by Article 17.15(a) and shall set the defendant's
339	339	bail. If the magistrate does not set the defendant's bail in an
340	340	amount below the amount required by the schedule or order described
341	341	by Subsection (e), the magistrate shall issue written findings of
342	342	fact supporting the bail decision.
343	343	(i) The judges of the courts trying criminal cases and other
344	344	magistrates in a county must report to the Office of Court
345	345	Administration of the Texas Judicial System each defendant for whom
346	346	a hearing under Subsection (h) was not held within 48 hours of the
347	347	defendant's arrest. If a delay occurs that will cause the hearing
348	348	under Subsection (h) to be held later than 48 hours after the
349	349	defendant's arrest, the magistrate or an employee of the court or of
350	350	the county in which the defendant is confined must notify the
351	351	defendant's counsel of the delay.
352	352	(j) The magistrate may enter an order or take other action
353	353	authorized by Article 16.22 with respect to a defendant who does not
354	354	appear capable of executing an affidavit under Subsection (f).
355	355	(k) This article may not be construed to require the filing
356	356	of an affidavit before a magistrate considers the defendant's
357	357	ability to make bail under Article 17.15.
358	358	(l) A written or oral statement obtained under this article
359	359	or evidence derived from the statement may be used only to determine
360	360	whether the defendant is indigent, to impeach the direct testimony
361	361	of the defendant, or to prosecute the defendant for an offense under
362	362	Chapter 37, Penal Code.
363	363	(m) Notwithstanding Subsection (a), a magistrate may make a
364	364	bail decision regarding a defendant who is charged only with a
365	365	misdemeanor punishable by fine only without considering the factor
366	366	required by Article 17.15(a)(6).
367	367	SECTION 6. (a) Article 17.03, Code of Criminal Procedure,
368	368	as effective September 1, 2021, is amended by amending Subsection
369	369	(b) and adding Subsections (b-2) and (b-3) to read as follows:
370	370	(b) Only the court before whom the case is pending may
371	371	release on personal bond a defendant who:
372	372	(1) is charged with an offense under the following
373	373	sections of the Penal Code:
374	374	(A) [Section 19.03 (Capital Murder);
375	375	[(B) Section 20.04 (Aggravated Kidnapping);
376	376	[(C) Section 22.021 (Aggravated Sexual Assault);
377	377	[(D) Section 22.03 (Deadly Assault on Law
378	378	Enforcement or Corrections Officer, Member or Employee of Board of
379	379	Pardons and Paroles, or Court Participant);
380	380	[(E) Section 22.04 (Injury to a Child, Elderly
381	381	Individual, or Disabled Individual);
382	382	[(F) Section 29.03 (Aggravated Robbery);
383	383	[(G)] Section 30.02 (Burglary); or
384	384	(B) [(H)] Section 71.02 (Engaging in Organized
385	385	Criminal Activity);
386	386	[(I) Section 21.02 (Continuous Sexual Abuse of
387	387	Young Child or Disabled Individual); or
388	388	[(J) Section 20A.03 (Continuous Trafficking of
389	389	Persons);]
390	390	(2) is charged with a felony under Chapter 481, Health
391	391	and Safety Code, or Section 485.033, Health and Safety Code,
392	392	punishable by imprisonment for a minimum term or by a maximum fine
393	393	that is more than a minimum term or maximum fine for a first degree
394	394	felony; or
395	395	(3) does not submit to testing for the presence of a
396	396	controlled substance in the defendant's body as requested by the
397	397	court or magistrate under Subsection (c) of this article or submits
398	398	to testing and the test shows evidence of the presence of a
399	399	controlled substance in the defendant's body.
400	400	(b-2) Notwithstanding any other law, a defendant may not be
401	401	released on personal bond if the defendant:
402	402	(1) is charged with an offense involving violence; or
403	403	(2) while released on bail or community supervision
404	404	for an offense involving violence, is charged with committing:
405	405	(A) any offense punishable as a felony; or
406	406	(B) an offense under the following provisions of
407	407	the Penal Code:
408	408	(i) Section 22.01(a)(1) (assault);
409	409	(ii) Section 22.05 (deadly conduct);
410	410	(iii) Section 22.07 (terroristic threat);
411	411	or
412	412	(iv) Section 42.01(a)(7) or (8) (disorderly
413	413	conduct involving firearm).
414	414	(b-3) In this article:
415	415	(1) "Controlled substance" has the meaning assigned by
416	416	Section 481.002, Health and Safety Code.
417	417	(2) "Offense involving violence" means an offense
418	418	under the following provisions of the Penal Code:
419	419	(A) Section 19.02 (murder);
420	420	(B) Section 19.03 (capital murder);
421	421	(C) Section 20.03 (kidnapping);
422	422	(D) Section 20.04 (aggravated kidnapping);
423	423	(E) Section 20A.02 (trafficking of persons);
424	424	(F) Section 20A.03 (continuous trafficking of
425	425	persons);
426	426	(G) Section 21.02 (continuous sexual abuse of
427	427	young child or disabled individual);
428	428	(H) Section 21.11 (indecency with a child);
429	429	(I) Section 22.01(a)(1) (assault), if the
430	430	offense:
431	431	(i) is punishable as a felony of the second
432	432	degree under Subsection (b-2) of that section; or
433	433	(ii) involved family violence as defined by
434	434	Section 71.004, Family Code;
435	435	(J) Section 22.011 (sexual assault);
436	436	(K) Section 22.02 (aggravated assault);
437	437	(L) Section 22.021 (aggravated sexual assault);
438	438	(M) Section 22.04 (injury to a child, elderly
439	439	individual, or disabled individual);
440	440	(N) Section 25.072 (repeated violation of
441	441	certain court orders or conditions of bond in family violence,
442	442	child abuse or neglect, sexual assault or abuse, indecent assault,
443	443	stalking, or trafficking case);
444	444	(O) Section 25.11 (continuous violence against
445	445	the family);
446	446	(P) Section 29.03 (aggravated robbery);
447	447	(Q) Section 38.14 (taking or attempting to take
448	448	weapon from peace officer, federal special investigator, employee
449	449	or official of correctional facility, parole officer, community
450	450	supervision and corrections department officer, or commissioned
451	451	security officer);
452	452	(R) Section 43.04 (aggravated promotion of
453	453	prostitution);
454	454	(S) Section 43.05 (compelling prostitution); or
455	455	(T) Section 43.25 (sexual performance by a
456	456	child).
457	457	(b) This section takes effect on the 91st day after the last
458	458	day of the legislative session if this Act does not receive a vote
459	459	of two-thirds of all the members elected to each house, as provided
460	460	by Section 39, Article III, Texas Constitution. If this Act
461	461	receives a vote of two-thirds of all the members elected to each
462	462	house, as provided by Section 39, Article III, Texas Constitution,
463	463	this section has no effect.
464	464	SECTION 7. (a) Article 17.03, Code of Criminal Procedure,
465	465	is amended by amending Subsection (b) and adding Subsections (b-2)
466	466	and (b-3) to read as follows:
467	467	(b) Only the court before whom the case is pending may
468	468	release on personal bond a defendant who:
469	469	(1) is charged with an offense under the following
470	470	sections of the Penal Code:
471	471	(A) [Section 19.03 (Capital Murder);
472	472	[(B) Section 20.04 (Aggravated Kidnapping);
473	473	[(C) Section 22.021 (Aggravated Sexual Assault);
474	474	[(D) Section 22.03 (Deadly Assault on Law
475	475	Enforcement or Corrections Officer, Member or Employee of Board of
476	476	Pardons and Paroles, or Court Participant);
477	477	[(E) Section 22.04 (Injury to a Child, Elderly
478	478	Individual, or Disabled Individual);
479	479	[(F) Section 29.03 (Aggravated Robbery);
480	480	[(G)] Section 30.02 (Burglary); or
481	481	(B) [(H)] Section 71.02 (Engaging in Organized
482	482	Criminal Activity);
483	483	[(I) Section 21.02 (Continuous Sexual Abuse of
484	484	Young Child or Children); or
485	485	[(J) Section 20A.03 (Continuous Trafficking of
486	486	Persons);]
487	487	(2) is charged with a felony under Chapter 481, Health
488	488	and Safety Code, or Section 485.033, Health and Safety Code,
489	489	punishable by imprisonment for a minimum term or by a maximum fine
490	490	that is more than a minimum term or maximum fine for a first degree
491	491	felony; or
492	492	(3) does not submit to testing for the presence of a
493	493	controlled substance in the defendant's body as requested by the
494	494	court or magistrate under Subsection (c) of this article or submits
495	495	to testing and the test shows evidence of the presence of a
496	496	controlled substance in the defendant's body.
497	497	(b-2) Notwithstanding any other law, a defendant may not be
498	498	released on personal bond if the defendant:
499	499	(1) is charged with an offense involving violence; or
500	500	(2) while released on bail or community supervision
501	501	for an offense involving violence, is charged with committing:
502	502	(A) any offense punishable as a felony; or
503	503	(B) an offense under the following provisions of
504	504	the Penal Code:
505	505	(i) Section 22.01(a)(1) (assault);
506	506	(ii) Section 22.05 (deadly conduct);
507	507	(iii) Section 22.07 (terroristic threat);
508	508	or
509	509	(iv) Section 42.01(a)(7) or (8) (disorderly
510	510	conduct involving firearm).
511	511	(b-3) In this article:
512	512	(1) "Controlled substance" has the meaning assigned by
513	513	Section 481.002, Health and Safety Code.
514	514	(2) "Offense involving violence" means an offense
515	515	under the following provisions of the Penal Code:
516	516	(A) Section 19.02 (murder);
517	517	(B) Section 19.03 (capital murder);
518	518	(C) Section 20.03 (kidnapping);
519	519	(D) Section 20.04 (aggravated kidnapping);
520	520	(E) Section 20A.02 (trafficking of persons);
521	521	(F) Section 20A.03 (continuous trafficking of
522	522	persons);
523	523	(G) Section 21.02 (continuous sexual abuse of
524	524	young child or children);
525	525	(H) Section 21.11 (indecency with a child);
526	526	(I) Section 22.01(a)(1) (assault), if the
527	527	offense:
528	528	(i) is punishable as a felony of the second
529	529	degree under Subsection (b-2) of that section; or
530	530	(ii) involved family violence as defined by
531	531	Section 71.004, Family Code;
532	532	(J) Section 22.011 (sexual assault);
533	533	(K) Section 22.02 (aggravated assault);
534	534	(L) Section 22.021 (aggravated sexual assault);
535	535	(M) Section 22.04 (injury to a child, elderly
536	536	individual, or disabled individual);
537	537	(N) Section 25.072 (repeated violation of
538	538	certain court orders or conditions of bond in family violence,
539	539	child abuse or neglect, sexual assault or abuse, indecent assault,
540	540	stalking, or trafficking case);
541	541	(O) Section 25.11 (continuous violence against
542	542	the family);
543	543	(P) Section 29.03 (aggravated robbery);
544	544	(Q) Section 38.14 (taking or attempting to take
545	545	weapon from peace officer, federal special investigator, employee
546	546	or official of correctional facility, parole officer, community
547	547	supervision and corrections department officer, or commissioned
548	548	security officer);
549	549	(R) Section 43.04 (aggravated promotion of
550	550	prostitution);
551	551	(S) Section 43.05 (compelling prostitution); or
552	552	(T) Section 43.25 (sexual performance by a
553	553	child).
554	554	(b) This section takes effect immediately if this Act
555	555	receives a vote of two-thirds of all the members elected to each
556	556	house, as provided by Section 39, Article III, Texas Constitution.
557	557	If this Act does not receive a vote of two-thirds of all the members
558	558	elected to each house, as provided by Section 39, Article III, Texas
559	559	Constitution, this section has no effect.
560	560	SECTION 8. Chapter 17, Code of Criminal Procedure, is
561	561	amended by adding Articles 17.0501 and 17.071 to read as follows:
562	562	Art. 17.0501. REQUIRED TRAINING. The Department of Public
563	563	Safety shall develop training courses that relate to the use of the
564	564	statewide telecommunications system maintained by the department
565	565	and that are directed to each magistrate, judge, sheriff, peace
566	566	officer, or jailer required to obtain criminal history record
567	567	information under this chapter, as necessary to enable the person
568	568	to fulfill those requirements.
569	569	Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
570	570	article, "charitable bail organization" means a person who solicits
571	571	donations from the public for the purpose of depositing money with a
572	572	court in the amount of a defendant's bail bond. The term does not
573	573	include:
574	574	(1) a person soliciting donations with respect to a
575	575	defendant who is a member of the person's family, as determined
576	576	under Section 71.003, Family Code; or
577	577	(2) a nonprofit corporation organized for the purpose
578	578	of religious worship.
579	579	(b) This article does not apply to a charitable bail
580	580	organization that pays a bail bond for not more than three
581	581	defendants in any 180-day period.
582	582	(c) A charitable bail organization shall file in the office
583	583	of the county clerk of each county where the organization intends to
584	584	pay bail bonds an affidavit designating the individuals authorized
585	585	to pay bonds on behalf of the organization.
586	586	(d) A charitable bail organization may only pay bail bonds
587	587	for indigent defendants who:
588	588	(1) are not charged with an offense involving violence
589	589	as defined by Article 17.03; and
590	590	(2) have not previously been convicted of an offense
591	591	involving violence as defined by Article 17.03 during the 10-year
592	592	period preceding the date of the defendant's arrest for the instant
593	593	offense.
594	594	(e) Not later than the 10th day of each month, a charitable
595	595	bail organization shall submit, to the presiding judge of the
596	596	administrative judicial region for each county in which the
597	597	organization files an affidavit under Subsection (c), a report that
598	598	includes the following information for each defendant for whom the
599	599	organization paid a bail bond in the preceding calendar month:
600	600	(1) the name of the defendant;
601	601	(2) the cause number of the case;
602	602	(3) the county in which the applicable charge is
603	603	pending, if different from the county in which the bond was paid;
604	604	and
605	605	(4) any dates on which the defendant has failed to
606	606	appear in court as required for the charge for which the bond was
607	607	paid.
608	608	(f) A charitable bail organization may not pay a bail bond
609	609	for a defendant at any time the organization is considered to be out
610	610	of compliance with the reporting requirements of this article.
611	611	(g) The presiding judge of an administrative judicial
612	612	region may suspend a charitable bail organization from paying bail
613	613	bonds in the administrative judicial region for one year if the
614	614	presiding judge determines the organization has paid bonds in
615	615	violation of this article.
616	616	(h) Chapter 22 applies to a bail bond paid by a charitable
617	617	bail organization.
618	618	(i) A charitable bail organization may not accept a premium
619	619	or compensation for paying a bail bond for a defendant.
620	620	SECTION 9. Article 17.15, Code of Criminal Procedure, is
621	621	amended to read as follows:
622	622	Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
623	623	The amount of bail and any conditions of bail to be required in any
624	624	case are [is] to be regulated by the court, judge, magistrate, or
625	625	officer taking the bail in accordance with Articles 17.20, 17.21,
626	626	and 17.22 and[; they] are [to be] governed [in the exercise of this
627	627	discretion] by the Constitution and [by] the following rules:
628	628	1. Bail and any conditions of bail [The bail] shall be
629	629	sufficient [sufficiently high] to give reasonable assurance that
630	630	the undertaking will be complied with.
631	631	2. The power to require bail is not to be [so] used
632	632	[as] to make bail [it] an instrument of oppression.
633	633	3. The nature of the offense and the circumstances
634	634	under which the offense [it] was committed are to be considered,
635	635	including whether the offense:
636	636	(A) is an offense involving violence as defined
637	637	by Article 17.03; or
638	638	(B) involves violence directed against a peace
639	639	officer.
640	640	4. The ability to make bail shall [is to] be considered
641	641	[regarded], and proof may be taken on [upon] this point.
642	642	5. The future safety of a victim of the alleged
643	643	offense, law enforcement, and the community shall be considered.
644	644	6. The criminal history record information for the
645	645	defendant, including information obtained through the statewide
646	646	telecommunications system maintained by the Department of Public
647	647	Safety and through the public safety report system developed under
648	648	Article 17.021, shall be considered, including any acts of family
649	649	violence, other pending criminal charges, and any instances in
650	650	which the defendant failed to appear in court following release on
651	651	bail.
652	652	7. The citizenship status of the defendant shall be
653	653	considered.
654	654	(b) For purposes of determining whether clear and
655	655	convincing evidence exists to deny a person bail under Section 11d,
656	656	Article I, Texas Constitution, a magistrate shall consider all
657	657	information relevant to the factors listed in Subsection (a).
658	658	(c) In this article, "family violence" has the meaning
659	659	assigned by Section 71.004, Family Code.
660	660	SECTION 10. Article 17.20, Code of Criminal Procedure, is
661	661	amended to read as follows:
662	662	Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
663	663	misdemeanor, the sheriff or other peace officer, or a jailer
664	664	licensed under Chapter 1701, Occupations Code, may, whether during
665	665	the term of the court or in vacation, where the officer has a
666	666	defendant in custody, take the defendant's [of the defendant a]
667	667	bail [bond].
668	668	(b) Before taking bail under this article, the sheriff,
669	669	peace officer, or jailer shall obtain the defendant's criminal
670	670	history record information through the statewide
671	671	telecommunications system maintained by the Department of Public
672	672	Safety and through the public safety report system developed under
673	673	Article 17.021.
674	674	(c) If the defendant is charged with or has previously been
675	675	convicted of an offense involving violence as defined by Article
676	676	17.03, the sheriff, officer, or jailer may not set the amount of the
677	677	defendant's bail but may take the defendant's bail in the amount set
678	678	by the court.
679	679	SECTION 11. Article 17.22, Code of Criminal Procedure, is
680	680	amended to read as follows:
681	681	Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
682	682	if the court before which the case [same] is pending is not in
683	683	session in the county where the defendant is in custody, the sheriff
684	684	or other peace officer, or a jailer licensed under Chapter 1701,
685	685	Occupations Code, who has the defendant in custody may take the
686	686	defendant's bail [bond] in the [such] amount set [as may have been
687	687	fixed] by the court or magistrate, or if no amount has been set
688	688	[fixed], then in any [such] amount that the [as such] officer
689	689	considers [may consider] reasonable and that is in compliance with
690	690	Article 17.15.
691	691	(b) Before taking bail under this article, the sheriff,
692	692	peace officer, or jailer shall obtain the defendant's criminal
693	693	history record information through the statewide
694	694	telecommunications system maintained by the Department of Public
695	695	Safety and through the public safety report system developed under
696	696	Article 17.021.
697	697	(c) If the defendant is charged with or has previously been
698	698	convicted of an offense involving violence as defined by Article
699	699	17.03, the sheriff, officer, or jailer may not set the amount of the
700	700	defendant's bail but may take the defendant's bail in the amount set
701	701	by the court.
702	702	SECTION 12. Chapter 17, Code of Criminal Procedure, is
703	703	amended by adding Articles 17.51, 17.52, and 17.53 to read as
704	704	follows:
705	705	Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as
706	706	practicable but not later than the next business day after the date
707	707	a magistrate issues an order imposing a condition of release on bond
708	708	for a defendant or modifying or removing a condition previously
709	709	imposed, the clerk of the court shall send a copy of the order to:
710	710	(1) the appropriate attorney representing the state;
711	711	and
712	712	(2) the sheriff of the county where the defendant
713	713	resides.
714	714	(b) A clerk of the court may delay sending a copy of the
715	715	order under Subsection (a) only if the clerk lacks information
716	716	necessary to ensure service and enforcement.
717	717	(c) If an order described by Subsection (a) prohibits a
718	718	defendant from going to or near a child care facility or school, the
719	719	clerk of the court shall send a copy of the order to the child care
720	720	facility or school.
721	721	(d) The copy of the order and any related information may be
722	722	sent electronically or in another manner that can be accessed by the
723	723	recipient.
724	724	(e) The magistrate or the magistrate's designee shall
725	725	provide written notice to the defendant of:
726	726	(1) the conditions of release on bond; and
727	727	(2) the penalties for violating a condition of
728	728	release.
729	729	(f) The magistrate shall make a separate record of the
730	730	notice provided to the defendant under Subsection (e).
731	731	(g) The Office of Court Administration of the Texas Judicial
732	732	System shall promulgate a form for use by a magistrate or a
733	733	magistrate's designee in providing notice to the defendant under
734	734	Subsection (e). The form must include the relevant statutory
735	735	language from the provisions of this chapter under which a
736	736	condition of release on bond may be imposed on a defendant.
737	737	Art. 17.52. REPORTING OF CONDITIONS. A chief of police or
738	738	sheriff who receives a copy of an order described by Article
739	739	17.51(a), or the chief's or sheriff's designee, shall, as soon as
740	740	practicable but not later than the 10th day after the date the copy
741	741	is received, enter information relating to the condition of release
742	742	into the appropriate database of the statewide law enforcement
743	743	information system maintained by the Department of Public Safety or
744	744	modify or remove information, as appropriate.
745	745	Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND.
746	746	The Office of Court Administration of the Texas Judicial System
747	747	shall develop statewide procedures and prescribe forms to be used
748	748	by a court to facilitate:
749	749	(1) the refund of any cash funds paid toward a monetary
750	750	bond, with an emphasis on refunding those funds to the person in
751	751	whose name the receipt described by Article 17.02 was issued; and
752	752	(2) the application of those cash funds to the
753	753	defendant's outstanding court costs, fines, and fees.
754	754	SECTION 13. Article 66.102(c), Code of Criminal Procedure,
755	755	is amended to read as follows:
756	756	(c) Information in the computerized criminal history system
757	757	relating to an arrest must include:
758	758	(1) the offender's name;
759	759	(2) the offender's state identification number;
760	760	(3) the arresting law enforcement agency;
761	761	(4) the arrest charge, by offense code and incident
762	762	number;
763	763	(5) whether the arrest charge is a misdemeanor or
764	764	felony;
765	765	(6) the date of the arrest;
766	766	(7) for an offender released on bail, whether a
767	767	warrant was issued for any subsequent failure of the offender to
768	768	appear in court;
769	769	(8) the exact disposition of the case by a law
770	770	enforcement agency following the arrest; and
771	771	(9) [(8)] the date of disposition of the case by the
772	772	law enforcement agency.
773	773	SECTION 14. Section 27.005, Government Code, is amended by
774	774	amending Subsection (a) and adding Subsection (c) to read as
775	775	follows:
776	776	(a) For purposes of removal under Chapter 87, Local
777	777	Government Code, "incompetency" in the case of a justice of the
778	778	peace includes the failure of the justice to successfully complete:
779	779	(1) within one year after the date the justice is first
780	780	elected:
781	781	(A) [,] an 80-hour course in the performance of
782	782	the justice's duties; and
783	783	(B) the course described by Article
784	784	17.024(a)(1), Code of Criminal Procedure;
785	785	(2) each following year, a 20-hour course in the
786	786	performance of the justice's duties, including not less than 10
787	787	hours of instruction regarding substantive, procedural, and
788	788	evidentiary law in civil matters; and
789	789	(3) each following state fiscal biennium, the course
790	790	described by Article 17.024(a)(2), Code of Criminal Procedure.
791	791	(c) A course described by Subsection (a)(1)(A) may include a
792	792	course described by Subsection (a)(1)(B).
793	793	SECTION 15. Subchapter C, Chapter 71, Government Code, is
794	794	amended by adding Section 71.0351 to read as follows:
795	795	Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
796	796	As a component of the official monthly report submitted to the
797	797	Office of Court Administration of the Texas Judicial System under
798	798	Section 71.035, the clerk of each court setting bail in criminal
799	799	cases shall report:
800	800	(1) the number of defendants for whom bail was set,
801	801	including:
802	802	(A) the number for each category of offense;
803	803	(B) the number of personal bonds; and
804	804	(C) the number of surety or cash bonds;
805	805	(2) the number of defendants released on bail who
806	806	subsequently failed to appear;
807	807	(3) the number of defendants released on bail who
808	808	subsequently violated a condition of release; and
809	809	(4) the number of defendants who committed an offense
810	810	while released on bail or community supervision.
811	811	(b) The office shall post the information in a publicly
812	812	accessible place on the agency's Internet website without
813	813	disclosing any personal information of any defendant, judge, or
814	814	magistrate.
815	815	(c) Not later than December 1 of each year, the office shall
816	816	submit a report containing the data collected under this section
817	817	during the preceding state fiscal year to the governor, lieutenant
818	818	governor, speaker of the house of representatives, and presiding
819	819	officers of the standing committees of each house of the
820	820	legislature with primary jurisdiction over the judiciary.
821	821	SECTION 16. Subchapter C, Chapter 72, Government Code, is
822	822	amended by adding Section 72.038 to read as follows:
823	823	Sec. 72.038. BAIL FORM. (a) The office shall promulgate a
824	824	form to be completed by a magistrate, judge, sheriff, peace
825	825	officer, or jailer who sets bail under Chapter 17, Code of Criminal
826	826	Procedure, for a defendant charged with an offense punishable as a
827	827	Class B misdemeanor or any higher category of offense. The office
828	828	shall incorporate the completed forms into the public safety report
829	829	system developed under Article 17.021, Code of Criminal Procedure.
830	830	(b) The form must:
831	831	(1) state the cause number of the case, if available,
832	832	the defendant's name and date of birth, and the offense for which
833	833	the defendant was arrested;
834	834	(2) state the name and the office or position of the
835	835	person setting bail;
836	836	(3) require the person setting bail to:
837	837	(A) identify the bail type, the amount of the
838	838	bail, and any conditions of bail;
839	839	(B) certify that the person considered each
840	840	factor provided by Article 17.15(a), Code of Criminal Procedure;
841	841	and
842	842	(C) certify that the person considered the
843	843	information provided by the public safety report system; and
844	844	(4) be electronically signed by the person setting the
845	845	bail.
846	846	(c) The person setting bail, an employee of the court that
847	847	set the defendant's bail, or an employee of the county in which the
848	848	defendant's bail was set must, on completion of the form required
849	849	under this section, promptly but not later than 72 hours after the
850	850	time the defendant's bail is set provide the form electronically to
851	851	the office through the public safety report system.
852	852	(d) The office shall publish each form submitted under this
853	853	section in a database that is publicly accessible on the office's
854	854	Internet website.
855	855	SECTION 17. Section 117.055, Local Government Code, is
856	856	amended by amending Subsection (a) and adding Subsections (a-1) and
857	857	(a-2) to read as follows:
858	858	(a) Except as provided by Subsection (a-1), to [To]
859	859	compensate the county for the accounting and administrative
860	860	expenses incurred in handling the registry funds that have not
861	861	earned interest, including funds in a special or separate account,
862	862	the clerk shall, at the time of withdrawal, deduct from the amount
863	863	of the withdrawal a fee in an amount equal to five percent of the
864	864	withdrawal but that may not exceed $50. Withdrawal of funds
865	865	generated from a case arising under the Family Code is exempt from
866	866	the fee deduction provided by this section.
867	867	(a-1) A clerk may not deduct a fee under Subsection (a) from
868	868	a withdrawal of funds generated by the collection of a cash bond or
869	869	cash bail bond if in the case for which the bond was taken:
870	870	(1) the defendant was found not guilty after a trial or
871	871	appeal; or
872	872	(2) the complaint, information, or indictment was
873	873	dismissed without a plea of guilty or nolo contendere being
874	874	entered.
875	875	(a-2) On the request of a person to whom withdrawn funds
876	876	generated by the collection of a cash bond or cash bail bond were
877	877	disbursed, the clerk shall refund to the person the amount of the
878	878	fee deducted under Subsection (a) if:
879	879	(1) subsequent to the deduction, a court makes or
880	880	enters an order or ruling in the case for which the bond was taken;
881	881	and
882	882	(2) had the court made or entered the order or ruling
883	883	before the withdrawal of funds occurred, the deduction under
884	884	Subsection (a) would have been prohibited under Subsection (a-1).
885	885	SECTION 18. Article 17.03(f), Code of Criminal Procedure,
886	886	is repealed.
887	887	SECTION 19. As soon as practicable but not later than
888	888	January 1, 2022, the Office of Court Administration of the Texas
889	889	Judicial System shall create the public safety report system
890	890	developed under Article 17.021, Code of Criminal Procedure, as
891	891	added by this Act, and any related forms and materials and shall
892	892	provide to the appropriate officials in each county and each
893	893	municipality access to the system, forms, and materials at no cost.
894	894	If those items are made available before January 1, 2022, the office
895	895	shall notify each court clerk, judge or other magistrate, and
896	896	office of an attorney representing the state.
897	897	SECTION 20. (a) As soon as practicable but not later than
898	898	January 1, 2022, the Office of Court Administration of the Texas
899	899	Judicial System shall:
900	900	(1) promulgate the forms required by Articles
901	901	17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
902	902	this Act, and by Section 72.038, Government Code, as added by this
903	903	Act; and
904	904	(2) develop or approve and make available the training
905	905	courses and certification method as described by Article 17.024,
906	906	Code of Criminal Procedure, as added by this Act, and develop the
907	907	procedures and prescribe the forms required by Article 17.53, Code
908	908	of Criminal Procedure, as added by this Act.
909	909	(b) If the items described by Subsection (a) of this section
910	910	are made available before January 1, 2022, the office shall notify
911	911	each court clerk, judge or other magistrate, and office of an
912	912	attorney representing the state.
913	913	SECTION 21. Section 117.055, Local Government Code, as
914	914	amended by this Act, applies only to a withdrawal of funds from a
915	915	court registry under Section 117.055, Local Government Code, made
916	916	on or after the effective date provided by Section 23(c) of this
917	917	Act. A withdrawal of funds from a court registry made before the
918	918	effective date provided by Section 23(c) of this Act is governed by
919	919	the law in effect on the date the withdrawal was made, and the
920	920	former law is continued in effect for that purpose.
921	921	SECTION 22. The changes in law made by this Act apply only
922	922	to a person who is arrested on or after the effective date of this
923	923	Act. A person arrested before the effective date of this Act is
924	924	governed by the law in effect on the date the person was arrested,
925	925	and the former law is continued in effect for that purpose.
926	926	SECTION 23. (a) Except as provided by Subsection (b) or (c)
927	927	of this section or another provision of this Act, this Act takes
928	928	effect January 1, 2022.
929	929	(b) Article 17.15(b), Code of Criminal Procedure, as added
930	930	by this Act, takes effect June 1, 2022, but only if the
931	931	constitutional amendment proposed by the 87th Legislature, 2nd
932	932	Called Session, 2021, requiring a judge or magistrate to impose the
933	933	least restrictive conditions of bail that may be necessary and
934	934	authorizing the denial of bail under some circumstances to a person
935	935	accused of a violent or sexual offense or of continuous trafficking
936	936	of persons is approved by the voters. If that amendment is not
937	937	approved by the voters, Article 17.15(b), Code of Criminal
938	938	Procedure, has no effect.
939	939	(c) Articles 17.021 and 17.024, Code of Criminal Procedure,
940	940	as added by this Act, and Sections 4, 17, 19, 20, and 21 of this Act
941	941	take effect on the 91st day after the last day of the legislative
942	942	session.