87S20379 LHC-D
By: Smith H.B. No. 12
A BILL TO BE ENTITLED
AN ACT
relating to rules for setting the amount of bail, to the release of
certain defendants on a monetary bond or personal bond, to related
duties of certain officers taking bail bonds and of a magistrate in
a criminal case, to charitable bail organizations, and to the
reporting of information pertaining to bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Damon Allen Act.
SECTION 2. Article 1.07, Code of Criminal Procedure, is
amended to read as follows:
Art. 1.07. RIGHT TO BAIL. Any person [All prisoners] shall
be eligible for bail [bailable] unless denial of bail is expressly
permitted by the Texas Constitution or by other law [for capital
offenses when the proof is evident]. This provision may [shall] not
be [so] construed [as] to prevent bail after indictment found upon
examination of the evidence, in such manner as may be prescribed by
law.
SECTION 3. Article 15.17(a), Code of Criminal Procedure, is
amended to read as follows:
(a) In each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
or, to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in any
other county of this state. The arrested person may be taken before
the magistrate in person or the image of the arrested person may be
presented to the magistrate by means of a videoconference. The
magistrate shall inform in clear language the person arrested,
either in person or through a videoconference, of the accusation
against him and of any affidavit filed therewith, of his right to
retain counsel, of his right to remain silent, of his right to have
an attorney present during any interview with peace officers or
attorneys representing the state, of his right to terminate the
interview at any time, and of his right to have an examining trial.
The magistrate shall also inform the person arrested of the
person's right to request the appointment of counsel if the person
cannot afford counsel. The magistrate shall inform the person
arrested of the procedures for requesting appointment of counsel.
If applicable, the magistrate shall inform the person that the
person may file the affidavit described by Article 17.028(f). If
the person does not speak and understand the English language or is
deaf, the magistrate shall inform the person in a manner consistent
with Articles 38.30 and 38.31, as appropriate. The magistrate shall
ensure that reasonable assistance in completing the necessary forms
for requesting appointment of counsel is provided to the person at
the same time. If the person arrested is indigent and requests
appointment of counsel and if the magistrate is authorized under
Article 26.04 to appoint counsel for indigent defendants in the
county, the magistrate shall appoint counsel in accordance with
Article 1.051. If the magistrate is not authorized to appoint
counsel, the magistrate shall without unnecessary delay, but not
later than 24 hours after the person arrested requests appointment
of counsel, transmit, or cause to be transmitted to the court or to
the courts' designee authorized under Article 26.04 to appoint
counsel in the county, the forms requesting the appointment of
counsel. The magistrate shall also inform the person arrested that
he is not required to make a statement and that any statement made
by him may be used against him. The magistrate shall allow the
person arrested reasonable time and opportunity to consult counsel
and shall, after determining whether the person is currently on
bail for a separate criminal offense and whether the bail decision
is subject to Article 17.027, admit the person arrested to bail if
allowed by law. A record of the communication between the arrested
person and the magistrate shall be made. The record shall be
preserved until the earlier of the following dates: (1) the date on
which the pretrial hearing ends; or (2) the 91st day after the date
on which the record is made if the person is charged with a
misdemeanor or the 120th day after the date on which the record is
made if the person is charged with a felony. For purposes of this
subsection, "videoconference" means a two-way electronic
communication of image and sound between the arrested person and
the magistrate and includes secure Internet videoconferencing.
SECTION 4. Article 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
written undertaking entered into by the defendant and the
defendant's sureties for the appearance of the principal therein
before a court or magistrate to answer a criminal accusation;
provided, however, that the defendant on execution of the bail bond
may deposit with the custodian of funds of the court in which the
prosecution is pending current money of the United States in the
amount of the bond in lieu of having sureties signing the same. Any
cash funds deposited under this article shall be receipted for by
the officer receiving the funds and, on order of the court, be
refunded in the amount shown on the face of the receipt less the
administrative fee authorized by Section 117.055, Local Government
Code, if applicable, after the defendant complies with the
conditions of the defendant's bond, to:
(1) any person in the name of whom a receipt was
issued, including the defendant if a receipt was issued to the
defendant; or
(2) the defendant, if no other person is able to
produce a receipt for the funds.
SECTION 5. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
and 17.028 to read as follows:
Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office
of Court Administration of the Texas Judicial System shall develop
and maintain a public safety report system that is available for use
for purposes of Article 17.15.
(b) The public safety report system must:
(1) state the requirements for setting bail under
Article 17.15 and list each factor provided by Article 17.15(a);
(2) provide the defendant's name and date of birth, the
cause number of the case, if available, and the offense for which
the defendant was arrested;
(3) provide information on the eligibility of the
defendant for a personal bond;
(4) provide information regarding the applicability
of any required or discretionary bond conditions;
(5) provide, in summary form, the criminal history of
the defendant, including information regarding any:
(A) previous misdemeanor or felony convictions;
(B) pending charges;
(C) previous sentences imposing a term of
confinement;
(D) previous convictions or pending charges for
offenses involving violence as defined by Article 17.03; and
(E) previous failures of the defendant to appear
in court following release on bail; and
(6) be designed to collect and maintain the
information provided on a bail form submitted under Section 72.038,
Government Code.
(c) The office shall provide access to the public safety
report system to the appropriate officials in each county and each
municipality at no cost. This subsection may not be construed to
require the office to provide an official or magistrate with any
equipment or support related to accessing or using the public
safety report system.
(d) The public safety report system may not:
(1) be the only item relied on by a judge or magistrate
in making a bail decision;
(2) include a score, rating, or assessment of a
defendant's risk or make any recommendation regarding the
appropriate bail for the defendant; or
(3) include any information other than the information
listed in Subsection (b).
(e) The office shall use the information maintained under
Subsection (b)(6) to collect data regarding the number of
defendants for whom bail was set during the preceding state fiscal
year, including:
(1) the number for each category of offense;
(2) the number of personal bonds; and
(3) the number of monetary bonds.
(f) Not later than December 1 of each year, the office shall
submit a report containing the data described by Subsection (e) to
the governor, lieutenant governor, speaker of the house of
representatives, and presiding officers of the standing committees
of each house of the legislature with primary jurisdiction over the
judiciary.
Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate
considering the release on bail of a defendant charged with an
offense punishable as a Class B misdemeanor or any higher category
of offense shall order that:
(1) the personal bond office established under Article
17.42 for the county in which the defendant is being detained, if a
personal bond office has been established for that county, or other
suitably trained person including judicial personnel or sheriff's
department personnel, use the public safety report system developed
under Article 17.021 to prepare a public safety report with respect
to the defendant; and
(2) the public safety report prepared under
Subdivision (1) be provided to the magistrate as soon as
practicable but not later than 48 hours after the defendant's
arrest.
(b) A magistrate may not, without the consent of the
sheriff, order a sheriff or sheriff's department personnel to
prepare a public safety report under Subsection (a).
(c) Notwithstanding Subsection (a), a magistrate may
personally prepare a public safety report, before or while making a
bail decision, using the public safety report system developed
under Article 17.021.
(d) The magistrate shall:
(1) consider the public safety report before setting
bail; and
(2) promptly but not later than 72 hours after the time
bail is set, submit the bail form described by Section 72.038,
Government Code, in accordance with that section.
(e) A magistrate may, but is not required to, order,
prepare, or consider a public safety report in setting bail for a
defendant charged only with a misdemeanor punishable by fine only.
Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
(a) This article applies only to a defendant charged with an
offense that is:
(1) punishable as a felony; or
(2) a misdemeanor punishable by confinement.
(b) Notwithstanding any other law, a defendant to whom this
article applies may be released on bail only by a magistrate who is:
(1) any of the following:
(A) a resident of this state and one of the
counties served by the magistrate;
(B) a justice of the peace serving under Section
27.054 or 27.055, Government Code; or
(C) a judge or justice serving under Chapter 74,
Government Code; and
(2) in compliance with the training requirements of
Article 17.024.
(c) A magistrate is not eligible to release on bail a
defendant described by Subsection (a) if the magistrate:
(1) has been removed from office by impeachment, by
the supreme court, by the governor on address to the legislature, by
a tribunal reviewing a recommendation of the State Commission on
Judicial Conduct, or by the legislature's abolition of the
magistrate's court; or
(2) has resigned from office after having received
notice that formal proceedings by the State Commission on Judicial
Conduct have been instituted as provided by Section 33.022,
Government Code, and before final disposition of the proceedings.
Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The
Office of Court Administration of the Texas Judicial System shall,
in consultation with the court of criminal appeals, develop or
approve training courses regarding a magistrate's duties,
including duties with respect to setting bail in criminal cases.
The courses developed must include:
(1) an eight-hour initial training course that
includes the content of the applicable training course described by
Article 17.0501; and
(2) a two-hour continuing education course.
(b) The office shall provide for a method of certifying that
a magistrate has successfully completed a training course required
under this article and has demonstrated competency of the course
content in a manner acceptable to the office.
(c) A magistrate is in compliance with the training
requirements of this article if:
(1) not later than the 90th day after the date the
magistrate takes office, the magistrate successfully completes the
course described by Subsection (a)(1);
(2) the magistrate successfully completes the course
described by Subsection (a)(2) in each subsequent state fiscal
biennium in which the magistrate serves; and
(3) the magistrate demonstrates competency as
provided by Subsection (b).
(c-1) Notwithstanding Subsection (c), a magistrate who is
serving on January 1, 2022, is considered to be in compliance with
Subsection (c)(1) if the magistrate successfully completes the
training course not later than September 1, 2022. This subsection
expires February 1, 2023.
(d) Any course developed or approved by the office under
this article may be administered by the Texas Justice Court
Training Center, the Texas Municipal Courts Education Center, the
Texas Association of Counties, the Texas Center for the Judiciary,
or a similar entity.
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other
law:
(1) if a defendant is charged with committing an
offense punishable as a felony while released on bail for another
offense punishable as a felony and the subsequent offense was
committed in the same county as the previous offense, only the court
before whom the case for the previous offense is pending may release
the defendant on bail; and
(2) if a defendant is charged with committing an
offense while released on bail for another offense and the
subsequent offense was committed in a different county than the
previous offense, electronic notice of the charge must be promptly
given to the court specified by Subdivision (1) for purposes of
reevaluating the bail decision, determining whether any bail
conditions were violated, or taking any other applicable action.
(b) This article may not be construed to extend any deadline
provided by Article 15.17.
Art. 17.028. BAIL DECISION. (a) Without unnecessary delay
but not later than 48 hours after a defendant is arrested, a
magistrate shall order, after individualized consideration of all
circumstances and of the factors required by Article 17.15(a), that
the defendant be:
(1) granted personal bond with or without conditions;
(2) granted surety or cash bond with or without
conditions; or
(3) denied bail in accordance with the Texas
Constitution and other law.
(b) In setting bail under this article, the magistrate shall
impose the least restrictive conditions, if any, and the personal
bond or monetary bond necessary to reasonably ensure the
defendant's appearance in court as required and the safety of the
community, law enforcement, and the victim of the alleged offense.
(c) In each criminal case, unless specifically provided by
other law, there is a rebuttable presumption that bail, conditions
of release, or both bail and conditions of release are sufficient to
reasonably ensure the defendant's appearance in court as required
and the safety of the community, law enforcement, and the victim of
the alleged offense. For purposes of setting bail or rebutting the
presumption, the court may not consider testimonial evidence.
(d) A judge may not adopt a bail schedule or enter a standing
order related to bail that:
(1) is inconsistent with this article; or
(2) authorizes a magistrate to make a bail decision
for a defendant without considering each of the factors in Article
17.15(a).
(e) A defendant who is denied bail or who is unable to give
bail in the amount required by any bail schedule or standing order
related to bail shall be provided with the warnings described by
Article 15.17.
(f) A defendant who is charged with an offense punishable as
a Class B misdemeanor or any higher category of offense and who is
unable to give bail in the amount required by a schedule or order
described by Subsection (e), other than a defendant who is denied
bail, shall be provided with the opportunity to file with the
applicable magistrate a sworn affidavit in substantially the
following form:
"On this ___ day of _____, 2____, I have been advised by
________ (name of the court or magistrate, as applicable) of the
importance of providing true and complete information about my
financial situation in connection with the charge pending against
me. I am without means to pay ______ and I hereby request that an
appropriate bail be set. (signature of defendant)."
(g) A defendant filing an affidavit under Subsection (f)
shall complete a form to allow a magistrate to assess information
relevant to the defendant's financial situation. The form must be
the form used to request appointment of counsel under Article 26.04
or a form promulgated by the Office of Court Administration of the
Texas Judicial System that collects, at a minimum and to the best of
the defendant's knowledge, the information a court may consider
under Article 26.04(m).
(g-1) The magistrate making the bail decision under
Subsection (a) shall, if applicable:
(1) inform the defendant of the defendant's right to
file an affidavit under Subsection (f); and
(2) ensure that the defendant receives reasonable
assistance in completing the affidavit described by Subsection (f)
and the form described by Subsection (g).
(h) A defendant described by Subsection (f) may file an
affidavit under Subsection (f) at any time before or during the bail
proceeding under Subsection (a). A defendant who files an affidavit
under Subsection (f) is entitled to a prompt hearing before the
magistrate on the bail amount. The hearing may be held before the
magistrate making the bail decision under Subsection (a) or may
occur as a separate pretrial proceeding held for that purpose. The
defendant must be given the opportunity to present evidence and
respond to evidence presented by the attorney representing the
state. The magistrate shall consider the facts presented and the
rules established by Article 17.15(a) and shall set the defendant's
bail. If the magistrate does not set the defendant's bail in an
amount below the amount required by the schedule or order described
by Subsection (e), the magistrate shall issue written findings of
fact supporting the bail decision.
(i) The judges of the courts trying criminal cases and other
magistrates in a county must report to the Office of Court
Administration of the Texas Judicial System each defendant for whom
a hearing under Subsection (h) was not held within 48 hours of the
defendant's arrest. If a delay occurs that will cause the hearing
under Subsection (h) to be held later than 48 hours after the
defendant's arrest, the magistrate or an employee of the court or of
the county in which the defendant is confined must notify the
defendant's counsel of the delay.
(j) The magistrate may enter an order or take other action
authorized by Article 16.22 with respect to a defendant who does not
appear capable of executing an affidavit under Subsection (f).
(k) This article may not be construed to require the filing
of an affidavit before a magistrate considers the defendant's
ability to make bail under Article 17.15.
(l) A written or oral statement obtained under this article
or evidence derived from the statement may be used only to determine
whether the defendant is indigent, to impeach the direct testimony
of the defendant, or to prosecute the defendant for an offense under
Chapter 37, Penal Code.
(m) Notwithstanding Subsection (a), a magistrate may make a
bail decision regarding a defendant who is charged only with a
misdemeanor punishable by fine only without considering the factor
required by Article 17.15(a)(6).
SECTION 6. (a) Article 17.03, Code of Criminal Procedure,
as effective September 1, 2021, is amended by amending Subsection
(b) and adding Subsections (b-2) and (b-3) to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) [Section 19.03 (Capital Murder);
[(B) Section 20.04 (Aggravated Kidnapping);
[(C) Section 22.021 (Aggravated Sexual Assault);
[(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
[(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
[(F) Section 29.03 (Aggravated Robbery);
[(G)] Section 30.02 (Burglary); or
(B) [(H)] Section 71.02 (Engaging in Organized
Criminal Activity);
[(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Disabled Individual); or
[(J) Section 20A.03 (Continuous Trafficking of
Persons);]
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
(b-2) Notwithstanding any other law, a defendant may not be
released on personal bond if the defendant:
(1) is charged with an offense involving violence; or
(2) while released on bail or community supervision
for an offense involving violence, is charged with committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic threat);
or
(iv) Section 42.01(a)(7) or (8) (disorderly
conduct involving firearm).
(b-3) In this article:
(1) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
(2) "Offense involving violence" means an offense
under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.03 (kidnapping);
(D) Section 20.04 (aggravated kidnapping);
(E) Section 20A.02 (trafficking of persons);
(F) Section 20A.03 (continuous trafficking of
persons);
(G) Section 21.02 (continuous sexual abuse of
young child or disabled individual);
(H) Section 21.11 (indecency with a child);
(I) Section 22.01(a)(1) (assault), if the
offense:
(i) is punishable as a felony of the second
degree under Subsection (b-2) of that section; or
(ii) involved family violence as defined by
Section 71.004, Family Code;
(J) Section 22.011 (sexual assault);
(K) Section 22.02 (aggravated assault);
(L) Section 22.021 (aggravated sexual assault);
(M) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(N) Section 25.072 (repeated violation of
certain court orders or conditions of bond in family violence,
child abuse or neglect, sexual assault or abuse, indecent assault,
stalking, or trafficking case);
(O) Section 25.11 (continuous violence against
the family);
(P) Section 29.03 (aggravated robbery);
(Q) Section 38.14 (taking or attempting to take
weapon from peace officer, federal special investigator, employee
or official of correctional facility, parole officer, community
supervision and corrections department officer, or commissioned
security officer);
(R) Section 43.04 (aggravated promotion of
prostitution);
(S) Section 43.05 (compelling prostitution); or
(T) Section 43.25 (sexual performance by a
child).
(b) This section takes effect on the 91st day after the last
day of the legislative session if this Act does not receive a vote
of two-thirds of all the members elected to each house, as provided
by Section 39, Article III, Texas Constitution. If this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution,
this section has no effect.
SECTION 7. (a) Article 17.03, Code of Criminal Procedure,
is amended by amending Subsection (b) and adding Subsections (b-2)
and (b-3) to read as follows:
(b) Only the court before whom the case is pending may
release on personal bond a defendant who:
(1) is charged with an offense under the following
sections of the Penal Code:
(A) [Section 19.03 (Capital Murder);
[(B) Section 20.04 (Aggravated Kidnapping);
[(C) Section 22.021 (Aggravated Sexual Assault);
[(D) Section 22.03 (Deadly Assault on Law
Enforcement or Corrections Officer, Member or Employee of Board of
Pardons and Paroles, or Court Participant);
[(E) Section 22.04 (Injury to a Child, Elderly
Individual, or Disabled Individual);
[(F) Section 29.03 (Aggravated Robbery);
[(G)] Section 30.02 (Burglary); or
(B) [(H)] Section 71.02 (Engaging in Organized
Criminal Activity);
[(I) Section 21.02 (Continuous Sexual Abuse of
Young Child or Children); or
[(J) Section 20A.03 (Continuous Trafficking of
Persons);]
(2) is charged with a felony under Chapter 481, Health
and Safety Code, or Section 485.033, Health and Safety Code,
punishable by imprisonment for a minimum term or by a maximum fine
that is more than a minimum term or maximum fine for a first degree
felony; or
(3) does not submit to testing for the presence of a
controlled substance in the defendant's body as requested by the
court or magistrate under Subsection (c) of this article or submits
to testing and the test shows evidence of the presence of a
controlled substance in the defendant's body.
(b-2) Notwithstanding any other law, a defendant may not be
released on personal bond if the defendant:
(1) is charged with an offense involving violence; or
(2) while released on bail or community supervision
for an offense involving violence, is charged with committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic threat);
or
(iv) Section 42.01(a)(7) or (8) (disorderly
conduct involving firearm).
(b-3) In this article:
(1) "Controlled substance" has the meaning assigned by
Section 481.002, Health and Safety Code.
(2) "Offense involving violence" means an offense
under the following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.03 (kidnapping);
(D) Section 20.04 (aggravated kidnapping);
(E) Section 20A.02 (trafficking of persons);
(F) Section 20A.03 (continuous trafficking of
persons);
(G) Section 21.02 (continuous sexual abuse of
young child or children);
(H) Section 21.11 (indecency with a child);
(I) Section 22.01(a)(1) (assault), if the
offense:
(i) is punishable as a felony of the second
degree under Subsection (b-2) of that section; or
(ii) involved family violence as defined by
Section 71.004, Family Code;
(J) Section 22.011 (sexual assault);
(K) Section 22.02 (aggravated assault);
(L) Section 22.021 (aggravated sexual assault);
(M) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(N) Section 25.072 (repeated violation of
certain court orders or conditions of bond in family violence,
child abuse or neglect, sexual assault or abuse, indecent assault,
stalking, or trafficking case);
(O) Section 25.11 (continuous violence against
the family);
(P) Section 29.03 (aggravated robbery);
(Q) Section 38.14 (taking or attempting to take
weapon from peace officer, federal special investigator, employee
or official of correctional facility, parole officer, community
supervision and corrections department officer, or commissioned
security officer);
(R) Section 43.04 (aggravated promotion of
prostitution);
(S) Section 43.05 (compelling prostitution); or
(T) Section 43.25 (sexual performance by a
child).
(b) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution, this section has no effect.
SECTION 8. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.0501 and 17.071 to read as follows:
Art. 17.0501. REQUIRED TRAINING. The Department of Public
Safety shall develop training courses that relate to the use of the
statewide telecommunications system maintained by the department
and that are directed to each magistrate, judge, sheriff, peace
officer, or jailer required to obtain criminal history record
information under this chapter, as necessary to enable the person
to fulfill those requirements.
Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
article, "charitable bail organization" means a person who solicits
donations from the public for the purpose of depositing money with a
court in the amount of a defendant's bail bond. The term does not
include:
(1) a person soliciting donations with respect to a
defendant who is a member of the person's family, as determined
under Section 71.003, Family Code; or
(2) a nonprofit corporation organized for the purpose
of religious worship.
(b) This article does not apply to a charitable bail
organization that pays a bail bond for not more than three
defendants in any 180-day period.
(c) A charitable bail organization shall file in the office
of the county clerk of each county where the organization intends to
pay bail bonds an affidavit designating the individuals authorized
to pay bonds on behalf of the organization.
(d) A charitable bail organization may only pay bail bonds
for indigent defendants who:
(1) are not charged with an offense involving violence
as defined by Article 17.03; and
(2) have not previously been convicted of an offense
involving violence as defined by Article 17.03 during the 10-year
period preceding the date of the defendant's arrest for the instant
offense.
(e) Not later than the 10th day of each month, a charitable
bail organization shall submit, to the presiding judge of the
administrative judicial region for each county in which the
organization files an affidavit under Subsection (c), a report that
includes the following information for each defendant for whom the
organization paid a bail bond in the preceding calendar month:
(1) the name of the defendant;
(2) the cause number of the case;
(3) the county in which the applicable charge is
pending, if different from the county in which the bond was paid;
and
(4) any dates on which the defendant has failed to
appear in court as required for the charge for which the bond was
paid.
(f) A charitable bail organization may not pay a bail bond
for a defendant at any time the organization is considered to be out
of compliance with the reporting requirements of this article.
(g) The presiding judge of an administrative judicial
region may suspend a charitable bail organization from paying bail
bonds in the administrative judicial region for one year if the
presiding judge determines the organization has paid bonds in
violation of this article.
(h) Chapter 22 applies to a bail bond paid by a charitable
bail organization.
(i) A charitable bail organization may not accept a premium
or compensation for paying a bail bond for a defendant.
SECTION 9. Article 17.15, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
The amount of bail and any conditions of bail to be required in any
case are [is] to be regulated by the court, judge, magistrate, or
officer taking the bail in accordance with Articles 17.20, 17.21,
and 17.22 and[; they] are [to be] governed [in the exercise of this
discretion] by the Constitution and [by] the following rules:
1. Bail and any conditions of bail [The bail] shall be
sufficient [sufficiently high] to give reasonable assurance that
the undertaking will be complied with.
2. The power to require bail is not to be [so] used
[as] to make bail [it] an instrument of oppression.
3. The nature of the offense and the circumstances
under which the offense [it] was committed are to be considered,
including whether the offense:
(A) is an offense involving violence as defined
by Article 17.03; or
(B) involves violence directed against a peace
officer.
4. The ability to make bail shall [is to] be considered
[regarded], and proof may be taken on [upon] this point.
5. The future safety of a victim of the alleged
offense, law enforcement, and the community shall be considered.
6. The criminal history record information for the
defendant, including information obtained through the statewide
telecommunications system maintained by the Department of Public
Safety and through the public safety report system developed under
Article 17.021, shall be considered, including any acts of family
violence, other pending criminal charges, and any instances in
which the defendant failed to appear in court following release on
bail.
7. The citizenship status of the defendant shall be
considered.
(b) For purposes of determining whether clear and
convincing evidence exists to deny a person bail under Section 11d,
Article I, Texas Constitution, a magistrate shall consider all
information relevant to the factors listed in Subsection (a).
(c) In this article, "family violence" has the meaning
assigned by Section 71.004, Family Code.
SECTION 10. Article 17.20, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
misdemeanor, the sheriff or other peace officer, or a jailer
licensed under Chapter 1701, Occupations Code, may, whether during
the term of the court or in vacation, where the officer has a
defendant in custody, take the defendant's [of the defendant a]
bail [bond].
(b) Before taking bail under this article, the sheriff,
peace officer, or jailer shall obtain the defendant's criminal
history record information through the statewide
telecommunications system maintained by the Department of Public
Safety and through the public safety report system developed under
Article 17.021.
(c) If the defendant is charged with or has previously been
convicted of an offense involving violence as defined by Article
17.03, the sheriff, officer, or jailer may not set the amount of the
defendant's bail but may take the defendant's bail in the amount set
by the court.
SECTION 11. Article 17.22, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
if the court before which the case [same] is pending is not in
session in the county where the defendant is in custody, the sheriff
or other peace officer, or a jailer licensed under Chapter 1701,
Occupations Code, who has the defendant in custody may take the
defendant's bail [bond] in the [such] amount set [as may have been
fixed] by the court or magistrate, or if no amount has been set
[fixed], then in any [such] amount that the [as such] officer
considers [may consider] reasonable and that is in compliance with
Article 17.15.
(b) Before taking bail under this article, the sheriff,
peace officer, or jailer shall obtain the defendant's criminal
history record information through the statewide
telecommunications system maintained by the Department of Public
Safety and through the public safety report system developed under
Article 17.021.
(c) If the defendant is charged with or has previously been
convicted of an offense involving violence as defined by Article
17.03, the sheriff, officer, or jailer may not set the amount of the
defendant's bail but may take the defendant's bail in the amount set
by the court.
SECTION 12. Chapter 17, Code of Criminal Procedure, is
amended by adding Articles 17.51, 17.52, and 17.53 to read as
follows:
Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as
practicable but not later than the next business day after the date
a magistrate issues an order imposing a condition of release on bond
for a defendant or modifying or removing a condition previously
imposed, the clerk of the court shall send a copy of the order to:
(1) the appropriate attorney representing the state;
and
(2) the sheriff of the county where the defendant
resides.
(b) A clerk of the court may delay sending a copy of the
order under Subsection (a) only if the clerk lacks information
necessary to ensure service and enforcement.
(c) If an order described by Subsection (a) prohibits a
defendant from going to or near a child care facility or school, the
clerk of the court shall send a copy of the order to the child care
facility or school.
(d) The copy of the order and any related information may be
sent electronically or in another manner that can be accessed by the
recipient.
(e) The magistrate or the magistrate's designee shall
provide written notice to the defendant of:
(1) the conditions of release on bond; and
(2) the penalties for violating a condition of
release.
(f) The magistrate shall make a separate record of the
notice provided to the defendant under Subsection (e).
(g) The Office of Court Administration of the Texas Judicial
System shall promulgate a form for use by a magistrate or a
magistrate's designee in providing notice to the defendant under
Subsection (e). The form must include the relevant statutory
language from the provisions of this chapter under which a
condition of release on bond may be imposed on a defendant.
Art. 17.52. REPORTING OF CONDITIONS. A chief of police or
sheriff who receives a copy of an order described by Article
17.51(a), or the chief's or sheriff's designee, shall, as soon as
practicable but not later than the 10th day after the date the copy
is received, enter information relating to the condition of release
into the appropriate database of the statewide law enforcement
information system maintained by the Department of Public Safety or
modify or remove information, as appropriate.
Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND.
The Office of Court Administration of the Texas Judicial System
shall develop statewide procedures and prescribe forms to be used
by a court to facilitate:
(1) the refund of any cash funds paid toward a monetary
bond, with an emphasis on refunding those funds to the person in
whose name the receipt described by Article 17.02 was issued; and
(2) the application of those cash funds to the
defendant's outstanding court costs, fines, and fees.
SECTION 13. Article 66.102(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Information in the computerized criminal history system
relating to an arrest must include:
(1) the offender's name;
(2) the offender's state identification number;
(3) the arresting law enforcement agency;
(4) the arrest charge, by offense code and incident
number;
(5) whether the arrest charge is a misdemeanor or
felony;
(6) the date of the arrest;
(7) for an offender released on bail, whether a
warrant was issued for any subsequent failure of the offender to
appear in court;
(8) the exact disposition of the case by a law
enforcement agency following the arrest; and
(9) [(8)] the date of disposition of the case by the
law enforcement agency.
SECTION 14. Section 27.005, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) For purposes of removal under Chapter 87, Local
Government Code, "incompetency" in the case of a justice of the
peace includes the failure of the justice to successfully complete:
(1) within one year after the date the justice is first
elected:
(A) [,] an 80-hour course in the performance of
the justice's duties; and
(B) the course described by Article
17.024(a)(1), Code of Criminal Procedure;
(2) each following year, a 20-hour course in the
performance of the justice's duties, including not less than 10
hours of instruction regarding substantive, procedural, and
evidentiary law in civil matters; and
(3) each following state fiscal biennium, the course
described by Article 17.024(a)(2), Code of Criminal Procedure.
(c) A course described by Subsection (a)(1)(A) may include a
course described by Subsection (a)(1)(B).
SECTION 15. Subchapter C, Chapter 71, Government Code, is
amended by adding Section 71.0351 to read as follows:
Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
As a component of the official monthly report submitted to the
Office of Court Administration of the Texas Judicial System under
Section 71.035, the clerk of each court setting bail in criminal
cases shall report:
(1) the number of defendants for whom bail was set,
including:
(A) the number for each category of offense;
(B) the number of personal bonds; and
(C) the number of surety or cash bonds;
(2) the number of defendants released on bail who
subsequently failed to appear;
(3) the number of defendants released on bail who
subsequently violated a condition of release; and
(4) the number of defendants who committed an offense
while released on bail or community supervision.
(b) The office shall post the information in a publicly
accessible place on the agency's Internet website without
disclosing any personal information of any defendant, judge, or
magistrate.
(c) Not later than December 1 of each year, the office shall
submit a report containing the data collected under this section
during the preceding state fiscal year to the governor, lieutenant
governor, speaker of the house of representatives, and presiding
officers of the standing committees of each house of the
legislature with primary jurisdiction over the judiciary.
SECTION 16. Subchapter C, Chapter 72, Government Code, is
amended by adding Section 72.038 to read as follows:
Sec. 72.038. BAIL FORM. (a) The office shall promulgate a
form to be completed by a magistrate, judge, sheriff, peace
officer, or jailer who sets bail under Chapter 17, Code of Criminal
Procedure, for a defendant charged with an offense punishable as a
Class B misdemeanor or any higher category of offense. The office
shall incorporate the completed forms into the public safety report
system developed under Article 17.021, Code of Criminal Procedure.
(b) The form must:
(1) state the cause number of the case, if available,
the defendant's name and date of birth, and the offense for which
the defendant was arrested;
(2) state the name and the office or position of the
person setting bail;
(3) require the person setting bail to:
(A) identify the bail type, the amount of the
bail, and any conditions of bail;
(B) certify that the person considered each
factor provided by Article 17.15(a), Code of Criminal Procedure;
and
(C) certify that the person considered the
information provided by the public safety report system; and
(4) be electronically signed by the person setting the
bail.
(c) The person setting bail, an employee of the court that
set the defendant's bail, or an employee of the county in which the
defendant's bail was set must, on completion of the form required
under this section, promptly but not later than 72 hours after the
time the defendant's bail is set provide the form electronically to
the office through the public safety report system.
(d) The office shall publish each form submitted under this
section in a database that is publicly accessible on the office's
Internet website.
SECTION 17. Section 117.055, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) Except as provided by Subsection (a-1), to [To]
compensate the county for the accounting and administrative
expenses incurred in handling the registry funds that have not
earned interest, including funds in a special or separate account,
the clerk shall, at the time of withdrawal, deduct from the amount
of the withdrawal a fee in an amount equal to five percent of the
withdrawal but that may not exceed $50. Withdrawal of funds
generated from a case arising under the Family Code is exempt from
the fee deduction provided by this section.
(a-1) A clerk may not deduct a fee under Subsection (a) from
a withdrawal of funds generated by the collection of a cash bond or
cash bail bond if in the case for which the bond was taken:
(1) the defendant was found not guilty after a trial or
appeal; or
(2) the complaint, information, or indictment was
dismissed without a plea of guilty or nolo contendere being
entered.
(a-2) On the request of a person to whom withdrawn funds
generated by the collection of a cash bond or cash bail bond were
disbursed, the clerk shall refund to the person the amount of the
fee deducted under Subsection (a) if:
(1) subsequent to the deduction, a court makes or
enters an order or ruling in the case for which the bond was taken;
and
(2) had the court made or entered the order or ruling
before the withdrawal of funds occurred, the deduction under
Subsection (a) would have been prohibited under Subsection (a-1).
SECTION 18. Article 17.03(f), Code of Criminal Procedure,
is repealed.
SECTION 19. As soon as practicable but not later than
January 1, 2022, the Office of Court Administration of the Texas
Judicial System shall create the public safety report system
developed under Article 17.021, Code of Criminal Procedure, as
added by this Act, and any related forms and materials and shall
provide to the appropriate officials in each county and each
municipality access to the system, forms, and materials at no cost.
If those items are made available before January 1, 2022, the office
shall notify each court clerk, judge or other magistrate, and
office of an attorney representing the state.
SECTION 20. (a) As soon as practicable but not later than
January 1, 2022, the Office of Court Administration of the Texas
Judicial System shall:
(1) promulgate the forms required by Articles
17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
this Act, and by Section 72.038, Government Code, as added by this
Act; and
(2) develop or approve and make available the training
courses and certification method as described by Article 17.024,
Code of Criminal Procedure, as added by this Act, and develop the
procedures and prescribe the forms required by Article 17.53, Code
of Criminal Procedure, as added by this Act.
(b) If the items described by Subsection (a) of this section
are made available before January 1, 2022, the office shall notify
each court clerk, judge or other magistrate, and office of an
attorney representing the state.
SECTION 21. Section 117.055, Local Government Code, as
amended by this Act, applies only to a withdrawal of funds from a
court registry under Section 117.055, Local Government Code, made
on or after the effective date provided by Section 23(c) of this
Act. A withdrawal of funds from a court registry made before the
effective date provided by Section 23(c) of this Act is governed by
the law in effect on the date the withdrawal was made, and the
former law is continued in effect for that purpose.
SECTION 22. The changes in law made by this Act apply only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 23. (a) Except as provided by Subsection (b) or (c)
of this section or another provision of this Act, this Act takes
effect January 1, 2022.
(b) Article 17.15(b), Code of Criminal Procedure, as added
by this Act, takes effect June 1, 2022, but only if the
constitutional amendment proposed by the 87th Legislature, 2nd
Called Session, 2021, requiring a judge or magistrate to impose the
least restrictive conditions of bail that may be necessary and
authorizing the denial of bail under some circumstances to a person
accused of a violent or sexual offense or of continuous trafficking
of persons is approved by the voters. If that amendment is not
approved by the voters, Article 17.15(b), Code of Criminal
Procedure, has no effect.
(c) Articles 17.021 and 17.024, Code of Criminal Procedure,
as added by this Act, and Sections 4, 17, 19, 20, and 21 of this Act
take effect on the 91st day after the last day of the legislative
session.