Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB6 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 6
	1	+	87S20957 LHC-D
	2	+	By: Huffman, et al. S.B. No. 6
	3	+	(Smith, Cook, Harless, Kacal, et al.)
	4	+	Substitute the following for S.B. No. 6: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to rules for setting the amount of bail, to the release of
6	10		certain defendants on a monetary bond or personal bond, to related
7	11		duties of certain officers taking bail bonds and of a magistrate in
8		-	a criminal case, ~~to charitable bail organizations,~~ and to the
9		-	~~reporting of information pertaining to~~ bail bonds.
	12	+	a criminal case, and to the reporting of information pertaining to
	13	+	bail bonds.
10	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	15		SECTION 1. This Act may be cited as the Damon Allen Act.
12	16		SECTION 2. Article 1.07, Code of Criminal Procedure, is
13	17		amended to read as follows:
14	18		Art. 1.07. RIGHT TO BAIL. Any person [All prisoners] shall
15	19		be eligible for bail [bailable] unless denial of bail is expressly
16	20		permitted by the Texas Constitution or by other law [for capital
17	21		offenses when the proof is evident]. This provision may [shall] not
18	22		be [so] construed [as] to prevent bail after indictment found upon
19	23		examination of the evidence, in such manner as may be prescribed by
20	24		law.
21	25		SECTION 3. Article 15.17(a), Code of Criminal Procedure, is
22	26		amended to read as follows:
23	27		(a) In each case enumerated in this Code, the person making
24	28		the arrest or the person having custody of the person arrested shall
25	29		without unnecessary delay, but not later than 48 hours after the
26	30		person is arrested, take the person arrested or have him taken
27	31		before some magistrate of the county where the accused was arrested
28	32		or, to provide more expeditiously to the person arrested the
29	33		warnings described by this article, before a magistrate in any
30	34		other county of this state. The arrested person may be taken before
31	35		the magistrate in person or the image of the arrested person may be
32	36		presented to the magistrate by means of a videoconference. The
33	37		magistrate shall inform in clear language the person arrested,
34	38		either in person or through a videoconference, of the accusation
35	39		against him and of any affidavit filed therewith, of his right to
36	40		retain counsel, of his right to remain silent, of his right to have
37	41		an attorney present during any interview with peace officers or
38	42		attorneys representing the state, of his right to terminate the
39	43		interview at any time, and of his right to have an examining trial.
40	44		The magistrate shall also inform the person arrested of the
41	45		person's right to request the appointment of counsel if the person
42	46		cannot afford counsel. The magistrate shall inform the person
43	47		arrested of the procedures for requesting appointment of counsel.
44	48		If applicable, the magistrate shall inform the person that the
45	49		person may file the affidavit described by Article 17.028(f). If
46	50		the person does not speak and understand the English language or is
47	51		deaf, the magistrate shall inform the person in a manner consistent
48		-	with Articles 38.30 and 38.31, as appropriate. The magistrate
49		-	~~shall~~ ensure that reasonable assistance in completing the necessary
50		-	~~forms~~ for requesting appointment of counsel is provided to the
51		-	~~person at~~ the same time. If the person arrested is indigent and
52		-	~~requests~~ appointment of counsel and if the magistrate is authorized
53		-	~~under~~ Article 26.04 to appoint counsel for indigent defendants in
54		-	~~the~~ county, the magistrate shall appoint counsel in accordance with
	52	+	with Articles 38.30 and 38.31, as appropriate. The magistrate shall
	53	+	ensure that reasonable assistance in completing the necessary forms
	54	+	for requesting appointment of counsel is provided to the person at
	55	+	the same time. If the person arrested is indigent and requests
	56	+	appointment of counsel and if the magistrate is authorized under
	57	+	Article 26.04 to appoint counsel for indigent defendants in the
	58	+	county, the magistrate shall appoint counsel in accordance with
55	59		Article 1.051. If the magistrate is not authorized to appoint
56	60		counsel, the magistrate shall without unnecessary delay, but not
57	61		later than 24 hours after the person arrested requests appointment
58	62		of counsel, transmit, or cause to be transmitted to the court or to
59	63		the courts' designee authorized under Article 26.04 to appoint
60	64		counsel in the county, the forms requesting the appointment of
61	65		counsel. The magistrate shall also inform the person arrested that
62	66		he is not required to make a statement and that any statement made
63	67		by him may be used against him. The magistrate shall allow the
64	68		person arrested reasonable time and opportunity to consult counsel
65	69		and shall, after determining whether the person is currently on
66	70		bail for a separate criminal offense and whether the bail decision
67	71		is subject to Article 17.027, admit the person arrested to bail if
68	72		allowed by law. A record of the communication between the arrested
69	73		person and the magistrate shall be made. The record shall be
70	74		preserved until the earlier of the following dates: (1) the date on
71	75		which the pretrial hearing ends; or (2) the 91st day after the date
72	76		on which the record is made if the person is charged with a
73	77		misdemeanor or the 120th day after the date on which the record is
74	78		made if the person is charged with a felony. For purposes of this
75	79		subsection, "videoconference" means a two-way electronic
76	80		communication of image and sound between the arrested person and
77	81		the magistrate and includes secure Internet videoconferencing.
78	82		SECTION 4. Article 17.02, Code of Criminal Procedure, is
79	83		amended to read as follows:
80	84		Art. 17.02. DEFINITION OF "BAIL BOND". A "bail bond" is a
81	85		written undertaking entered into by the defendant and the
82	86		defendant's sureties for the appearance of the principal therein
83	87		before a court or magistrate to answer a criminal accusation;
84	88		provided, however, that the defendant on execution of the bail bond
85	89		may deposit with the custodian of funds of the court in which the
86	90		prosecution is pending current money of the United States in the
87	91		amount of the bond in lieu of having sureties signing the same. Any
88	92		cash funds deposited under this article shall be receipted for by
89	93		the officer receiving the funds and, on order of the court, be
90	94		refunded in the amount shown on the face of the receipt less the
91	95		administrative fee authorized by Section 117.055, Local Government
92	96		Code, if applicable, after the defendant complies with the
93	97		conditions of the defendant's bond, to:
94	98		(1) any person in the name of whom a receipt was
95	99		issued, including the defendant if a receipt was issued to the
96	100		defendant; or
97	101		(2) the defendant, if no other person is able to
98	102		produce a receipt for the funds.
99	103		SECTION 5. Chapter 17, Code of Criminal Procedure, is
100	104		amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
101	105		and 17.028 to read as follows:
102	106		Art. 17.021. PUBLIC SAFETY REPORT SYSTEM. (a) The Office
103	107		of Court Administration of the Texas Judicial System shall develop
104	108		and maintain a public safety report system that is available for use
105	109		for purposes of Article 17.15.
106	110		(b) The public safety report system must:
107	111		(1) state the requirements for setting bail under
108	112		Article 17.15 and list each factor provided by Article 17.15(a);
109		-	(2) provide the defendant's name and date of birth or,
110		-	if impracticable, other identifying information, the cause number
111		-	of the case, if available, and the offense for which the defendant
112		-	was arrested;
	113	+	(2) provide the defendant's name and date of birth, the
	114	+	cause number of the case, if available, and the offense for which
	115	+	the defendant was arrested;
113	116		(3) provide information on the eligibility of the
114	117		defendant for a personal bond;
115	118		(4) provide information regarding the applicability
116	119		of any required or discretionary bond conditions;
117	120		(5) provide, in summary form, the criminal history of
118	121		the defendant, including information regarding any:
119	122		(A) previous misdemeanor or felony convictions;
120	123		(B) pending charges;
121	124		(C) previous sentences imposing a term of
122	125		confinement;
123	126		(D) previous convictions or pending charges for:
124	127		(i) offenses that are offenses involving
125	128		violence as defined by Article 17.03; or
126	129		(ii) offenses involving violence directed
127	130		against a peace officer; and
128	131		(E) previous failures of the defendant to appear
129	132		in court following release on bail; and
130	133		(6) be designed to collect and maintain the
131	134		information provided on a bail form submitted under Section 72.038,
132	135		Government Code.
133	136		(c) The office shall provide access to the public safety
134	137		report system to the appropriate officials in each county and each
135	138		municipality at no cost. This subsection may not be construed to
136	139		require the office to provide an official or magistrate with any
137	140		equipment or support related to accessing or using the public
138	141		safety report system.
139	142		(d) The public safety report system may not:
140	143		(1) be the only item relied on by a judge or magistrate
141	144		in making a bail decision;
142	145		(2) include a score, rating, or assessment of a
143	146		defendant's risk or make any recommendation regarding the
144	147		appropriate bail for the defendant; or
145	148		(3) include any information other than the information
146	149		listed in Subsection (b).
147	150		(e) The office shall use the information maintained under
148		-	Subsection (b)(6) to collect data ~~from~~ the ~~preceding state fiscal~~
149		-	~~year regarding the number of~~ defendants for whom bail was set ~~after~~
150		-	~~arrest~~, including:
	151	+	Subsection (b)(6) to collect data regarding the number of
	152	+	defendants for whom bail was set during the preceding state fiscal
	153	+	year, including:
151	154		(1) the number for each category of offense;
152	155		(2) the number of personal bonds; and
153	156		(3) the number of monetary bonds.
154	157		(f) Not later than December 1 of each year, the office shall
155	158		submit a report containing the data described by Subsection (e) to
156	159		the governor, lieutenant governor, speaker of the house of
157	160		representatives, and presiding officers of the standing committees
158	161		of each house of the legislature with primary jurisdiction over the
159	162		judiciary.
160		-	(g) The Department of Public Safety shall assist the office
161		-	in implementing the public safety report system established under
162		-	this article and shall provide criminal history record information
163		-	to the office in the electronic form necessary for the office to
164		-	implement this article.
165		-	(h) Any contract for goods or services between the office
166		-	and a vendor that may be necessary or appropriate to develop the
167		-	public safety report system is exempt from the requirements of
168		-	Subtitle D, Title 10, Government Code. This subsection expires
169		-	September 1, 2022.
170	163		Art. 17.022. PUBLIC SAFETY REPORT. (a) A magistrate
171	164		considering the release on bail of a defendant charged with an
172	165		offense punishable as a Class B misdemeanor or any higher category
173	166		of offense shall order that:
174	167		(1) the personal bond office established under Article
175	168		17.42 for the county in which the defendant is being detained, if a
176	169		personal bond office has been established for that county, or other
177	170		suitably trained person including judicial personnel or sheriff's
178	171		department personnel, use the public safety report system developed
179	172		under Article 17.021 to prepare a public safety report with respect
180	173		to the defendant; and
181	174		(2) the public safety report prepared under
182	175		Subdivision (1) be provided to the magistrate as soon as
183	176		practicable but not later than 48 hours after the defendant's
184	177		arrest.
185	178		(b) A magistrate may not, without the consent of the
186	179		sheriff, order a sheriff or sheriff's department personnel to
187		-	prepare a public safety report under this ~~article~~.
	180	+	prepare a public safety report under this section.
188	181		(c) Notwithstanding Subsection (a), a magistrate may
189	182		personally prepare a public safety report, before or while making a
190	183		bail decision, using the public safety report system developed
191	184		under Article 17.021.
192	185		(d) The magistrate shall:
193	186		(1) consider the public safety report before setting
194	187		bail; and
195	188		(2) promptly but not later than 72 hours after the time
196	189		bail is set, submit the bail form described by Section 72.038,
197	190		Government Code, in accordance with that section.
198		-	(e) In the manner described by this article, a magistrate
199		-	may, but is not required to, order, prepare, or consider a public
200		-	safety report in setting bail for a defendant charged only with a
201		-	misdemeanor punishable by fine only or a defendant who receives a
202		-	citation under Article 14.06(c). If ordered, the report shall be
203		-	prepared for the time and place for an appearance as indicated in
204		-	the citation.
205		-	(f) A magistrate may set bail for a defendant charged only
206		-	with an offense punishable as a misdemeanor without ordering,
207		-	preparing, or considering a public safety report if the public
208		-	safety report system is unavailable for longer than 12 hours due to
209		-	a technical failure at the Office of Court Administration of the
210		-	Texas Judicial System.
	191	+	(e) A magistrate may, but is not required to, order,
	192	+	prepare, or consider a public safety report in setting bail for a
	193	+	defendant charged only with a misdemeanor punishable by fine only.
211	194		Art. 17.023. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
212	195		(a) This article applies only to a defendant charged with an
213	196		offense that is:
214	197		(1) punishable as a felony; or
215	198		(2) a misdemeanor punishable by confinement.
216	199		(b) Notwithstanding any other law, a defendant to whom this
217		-	article applies may be released on bail only by a magistrate who is:
218		-	(1) any of the following:
219		-	(A) a resident of this state;
220		-	(B) a justice of the peace serving under Section
221		-	27.054 or 27.055, Government Code; or
222		-	(C) a judge or justice serving under Chapter 74,
223		-	Government Code; and
224		-	(2) in compliance with the training requirements of
225		-	Article 17.024.
	200	+	article applies may be released on bail only by a magistrate who is
	201	+	in compliance with the training requirements of Article 17.024.
226	202		(c) A magistrate is not eligible to release on bail a
227	203		defendant described by Subsection (a) if the magistrate:
228	204		(1) has been removed from office by impeachment, by
229	205		the supreme court, by the governor on address to the legislature, by
230	206		a tribunal reviewing a recommendation of the State Commission on
231	207		Judicial Conduct, or by the legislature's abolition of the
232	208		magistrate's court; or
233	209		(2) has resigned from office after having received
234	210		notice that formal proceedings by the State Commission on Judicial
235	211		Conduct have been instituted as provided by Section 33.022,
236	212		Government Code, and before final disposition of the proceedings.
237	213		Art. 17.024. TRAINING ON DUTIES REGARDING BAIL. (a) The
238	214		Office of Court Administration of the Texas Judicial System shall,
239	215		in consultation with the court of criminal appeals, develop or
240	216		approve training courses regarding a magistrate's duties,
241	217		including duties with respect to setting bail in criminal cases.
242	218		The courses developed must include:
243	219		(1) an eight-hour initial training course that
244	220		includes the content of the applicable training course described by
245	221		Article 17.0501; and
246	222		(2) a two-hour continuing education course.
247	223		(b) The office shall provide for a method of certifying that
248	224		a magistrate has successfully completed a training course required
249	225		under this article and has demonstrated competency of the course
250	226		content in a manner acceptable to the office.
251	227		(c) A magistrate is in compliance with the training
252	228		requirements of this article if:
253	229		(1) not later than the 90th day after the date the
254	230		magistrate takes office, the magistrate successfully completes the
255	231		course described by Subsection (a)(1);
256	232		(2) the magistrate successfully completes the course
257	233		described by Subsection (a)(2) in each subsequent state fiscal
258	234		biennium in which the magistrate serves; and
259	235		(3) the magistrate demonstrates competency as
260	236		provided by Subsection (b).
261	237		(c-1) Notwithstanding Subsection (c), a magistrate who is
262	238		serving on April 1, 2022, is considered to be in compliance with
263	239		Subsection (c)(1) if the magistrate successfully completes the
264	240		training course not later than December 1, 2022. This subsection
265	241		expires May 1, 2023.
266	242		(d) Any course developed or approved by the office under
267	243		this article may be administered by the Texas Justice Court
268	244		Training Center, the Texas Municipal Courts Education Center, the
269	245		Texas Association of Counties, the Texas Center for the Judiciary,
270	246		or a similar entity.
271	247		Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
272		-	~~FELONY~~ OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any
273		-	~~other~~ law:
	248	+	OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other
	249	+	law:
274	250		(1) if a defendant is charged with committing an
275		-	offense punishable as a felony while released on bail in a pending
276		-	case for another offense punishable as a felony and the subsequent
277		-	offense was committed in the same county as the previous offense,
278		-	the defendant may be released on bail only by:
279		-	(A) the court before whom the case for the
280		-	previous offense is pending; or
281		-	(B) another court designated in writing by the
282		-	court described by Paragraph (A); and
	251	+	offense punishable as a felony while released on bail for another
	252	+	offense punishable as a felony and the subsequent offense was
	253	+	committed in the same county as the previous offense, only the court
	254	+	before whom the case for the previous offense is pending may release
	255	+	the defendant on bail; and
283	256		(2) if a defendant is charged with committing an
284		-	offense punishable as a felony while released on bail for another
285		-	pending offense punishable as a felony and the subsequent offense
286		-	was committed in a different county than the previous offense,
287		-	electronic notice of the charge must be promptly given to the court
288		-	specified by Subdivision (1) for purposes of reevaluating the bail
289		-	decision, determining whether any bail conditions were violated, or
290		-	taking any other applicable action.
	257	+	offense while released on bail for another offense and the
	258	+	subsequent offense was committed in a different county than the
	259	+	previous offense, electronic notice of the charge must be promptly
	260	+	given to the court specified by Subdivision (1) for purposes of
	261	+	reevaluating the bail decision, determining whether any bail
	262	+	conditions were violated, or taking any other applicable action.
291	263		(b) This article may not be construed to extend any deadline
292	264		provided by Article 15.17.
293	265		Art. 17.028. BAIL DECISION. (a) Without unnecessary delay
294	266		but not later than 48 hours after a defendant is arrested, a
295	267		magistrate shall order, after individualized consideration of all
296	268		circumstances and of the factors required by Article 17.15(a), that
297	269		the defendant be:
298	270		(1) granted personal bond with or without conditions;
299	271		(2) granted surety or cash bond with or without
300	272		conditions; or
301	273		(3) denied bail in accordance with the Texas
302	274		Constitution and other law.
303	275		(b) In setting bail under this article, the magistrate shall
304	276		impose the least restrictive conditions, if any, and the personal
305		-	bond or ~~cash or surety~~ bond necessary to reasonably ensure the
	277	+	bond or monetary bond necessary to reasonably ensure the
306	278		defendant's appearance in court as required and the safety of the
307	279		community, law enforcement, and the victim of the alleged offense.
308	280		(c) In each criminal case, unless specifically provided by
309	281		other law, there is a rebuttable presumption that bail, conditions
310	282		of release, or both bail and conditions of release are sufficient to
311	283		reasonably ensure the defendant's appearance in court as required
312	284		and the safety of the community, law enforcement, and the victim of
313	285		the alleged offense.
314	286		(c-1) Subsections (b) and (c) may not be construed as
315	287		requiring the court to hold an evidentiary hearing that is not
316	288		required by other law.
317	289		(d) A judge may not adopt a bail schedule or enter a standing
318	290		order related to bail that:
319	291		(1) is inconsistent with this article; or
320	292		(2) authorizes a magistrate to make a bail decision
321	293		for a defendant without considering each of the factors in Article
322	294		17.15(a).
323	295		(e) A defendant who is denied bail or who is unable to give
324	296		bail in the amount required by any bail schedule or standing order
325	297		related to bail shall be provided with the warnings described by
326	298		Article 15.17.
327	299		(f) A defendant who is charged with an offense punishable as
328	300		a Class B misdemeanor or any higher category of offense and who is
329	301		unable to give bail in the amount required by a schedule or order
330	302		described by Subsection (e), other than a defendant who is denied
331	303		bail, shall be provided with the opportunity to file with the
332	304		applicable magistrate a sworn affidavit in substantially the
333	305		following form:
334	306		"On this ___ day of _____, 2____, I have been advised by
335	307		________ (name of the court or magistrate, as applicable) of the
336	308		importance of providing true and complete information about my
337	309		financial situation in connection with the charge pending against
338	310		me. I am without means to pay ______ and I hereby request that an
339	311		appropriate bail be set. (signature of defendant)."
340	312		(g) A defendant filing an affidavit under Subsection (f)
341	313		shall complete a form to allow a magistrate to assess information
342	314		relevant to the defendant's financial situation. The form must be
343	315		the form used to request appointment of counsel under Article 26.04
344	316		or a form promulgated by the Office of Court Administration of the
345	317		Texas Judicial System that collects, at a minimum and to the best of
346	318		the defendant's knowledge, the information a court may consider
347	319		under Article 26.04(m).
348	320		(g-1) The magistrate making the bail decision under
349	321		Subsection (a) shall, if applicable:
350	322		(1) inform the defendant of the defendant's right to
351	323		file an affidavit under Subsection (f); and
352	324		(2) ensure that the defendant receives reasonable
353	325		assistance in completing the affidavit described by Subsection (f)
354	326		and the form described by Subsection (g).
355	327		(h) A defendant described by Subsection (f) may file an
356	328		affidavit under Subsection (f) at any time before or during the bail
357		-	proceeding under Subsection (a). A defendant who files an
358		-	~~affidavit~~ under Subsection (f) is entitled to a prompt ~~review by~~ the
359		-	magistrate on the bail amount. The ~~review~~ may be ~~conducted by~~ the
	329	+	proceeding under Subsection (a). A defendant who files an affidavit
	330	+	under Subsection (f) is entitled to a prompt hearing before the
	331	+	magistrate on the bail amount. The hearing may be held before the
360	332		magistrate making the bail decision under Subsection (a) or may
361		-	occur as a separate pretrial proceeding. The magistrate shall
362		-	consider the facts presented and the rules established by Article
363		-	17.15(a) and shall set the defendant's bail. If the magistrate does
364		-	not set the defendant's bail in an amount below the amount required
365		-	by the schedule or order described by Subsection (e), the
366		-	magistrate shall issue written findings of fact supporting the bail
367		-	decision.
	333	+	occur as a separate pretrial proceeding held for that purpose. The
	334	+	defendant must be given the opportunity to present evidence and
	335	+	respond to evidence presented by the attorney representing the
	336	+	state. The magistrate shall consider the facts presented and the
	337	+	rules established by Article 17.15(a) and shall set the defendant's
	338	+	bail. If the magistrate does not set the defendant's bail in an
	339	+	amount below the amount required by the schedule or order described
	340	+	by Subsection (e), the magistrate shall issue written findings of
	341	+	fact supporting the bail decision.
368	342		(i) The judges of the courts trying criminal cases and other
369	343		magistrates in a county must report to the Office of Court
370	344		Administration of the Texas Judicial System each defendant for whom
371		-	a review under Subsection (h) was not held within 48 hours of the
372		-	defendant's arrest. If a delay occurs that will cause the review
373		-	under Subsection (h) to be held later than 48 hours after the
374		-	defendant's arrest, the magistrate or an employee of the court or of
375		-	the county in which the defendant is confined must provide notice of
376		-	the delay to the defendant's counsel or to the defendant, if the
377		-	defendant does not have counsel.
	345	+	a hearing under Subsection (h) was not held within 48 hours of the
	346	+	defendant's arrest and must provide to the office the reason for the
	347	+	delay. If a delay occurs that will cause the hearing under
	348	+	Subsection (h) to be held later than 48 hours after the defendant's
	349	+	arrest, the magistrate or an employee of the court or of the county
	350	+	in which the defendant is confined must provide notice of the delay
	351	+	to the defendant's counsel or to the defendant, if the defendant
	352	+	does not have counsel.
378	353		(j) The magistrate may enter an order or take other action
379	354		authorized by Article 16.22 with respect to a defendant who does not
380	355		appear capable of executing an affidavit under Subsection (f).
381	356		(k) This article may not be construed to require the filing
382	357		of an affidavit before a magistrate considers the defendant's
383	358		ability to make bail under Article 17.15.
384	359		(l) A written or oral statement obtained under this article
385	360		or evidence derived from the statement may be used only to determine
386	361		whether the defendant is indigent, to impeach the direct testimony
387	362		of the defendant, or to prosecute the defendant for an offense under
388	363		Chapter 37, Penal Code.
389	364		(m) Notwithstanding Subsection (a), a magistrate may make a
390	365		bail decision regarding a defendant who is charged only with a
391		-	misdemeanor punishable by fine only or a defendant who receives a
392		-	citation under Article 14.06(c) without considering the factor
	366	+	misdemeanor punishable by fine only without considering the factor
393	367		required by Article 17.15(a)(6).
394	368		SECTION 6. (a) Article 17.03, Code of Criminal Procedure,
395	369		as effective September 1, 2021, is amended by amending Subsection
396	370		(b) and adding Subsections (b-2) and (b-3) to read as follows:
397	371		(b) Only the court before whom the case is pending may
398	372		release on personal bond a defendant who:
399	373		(1) is charged with an offense under the following
400	374		sections of the Penal Code:
401	375		(A) [Section 19.03 (Capital Murder);
402	376		[(B) Section 20.04 (Aggravated Kidnapping);
403	377		[(C) Section 22.021 (Aggravated Sexual Assault);
404	378		[(D) Section 22.03 (Deadly Assault on Law
405	379		Enforcement or Corrections Officer, Member or Employee of Board of
406	380		Pardons and Paroles, or Court Participant);
407	381		[(E) Section 22.04 (Injury to a Child, Elderly
408	382		Individual, or Disabled Individual);
409	383		[(F) Section 29.03 (Aggravated Robbery);
410	384		[(G)] Section 30.02 (Burglary); or
411	385		(B) [(H)] Section 71.02 (Engaging in Organized
412	386		Criminal Activity);
413	387		[(I) Section 21.02 (Continuous Sexual Abuse of
414	388		Young Child or Disabled Individual); or
415	389		[(J) Section 20A.03 (Continuous Trafficking of
416	390		Persons);]
417	391		(2) is charged with a felony under Chapter 481, Health
418	392		and Safety Code, or Section 485.033, Health and Safety Code,
419	393		punishable by imprisonment for a minimum term or by a maximum fine
420	394		that is more than a minimum term or maximum fine for a first degree
421	395		felony; or
422	396		(3) does not submit to testing for the presence of a
423	397		controlled substance in the defendant's body as requested by the
424	398		court or magistrate under Subsection (c) of this article or submits
425	399		to testing and the test shows evidence of the presence of a
426	400		controlled substance in the defendant's body.
427		-	(b-2) Except as provided by Articles 15.21, 17.033, and
428		-	17.151, a defendant may not be released on personal bond if the
429		-	defendant:
	401	+	(b-2) Notwithstanding any other law, a defendant may not be
	402	+	released on personal bond if the defendant:
430	403		(1) is charged with an offense involving violence; or
431	404		(2) while released on bail or community supervision
432	405		for an offense involving violence, is charged with committing:
433	406		(A) any offense punishable as a felony; or
434	407		(B) an offense under the following provisions of
435	408		the Penal Code:
436	409		(i) Section 22.01(a)(1) (assault);
437	410		(ii) Section 22.05 (deadly conduct);
438	411		(iii) Section 22.07 (terroristic threat);
439	412		or
440	413		(iv) Section 42.01(a)(7) or (8) (disorderly
441	414		conduct involving firearm).
442	415		(b-3) In this article:
443	416		(1) "Controlled substance" has the meaning assigned by
444	417		Section 481.002, Health and Safety Code.
445	418		(2) "Offense involving violence" means an offense
446	419		under the following provisions of the Penal Code:
447	420		(A) Section 19.02 (murder);
448	421		(B) Section 19.03 (capital murder);
449	422		(C) Section 20.03 (kidnapping);
450	423		(D) Section 20.04 (aggravated kidnapping);
451	424		(E) Section 20A.02 (trafficking of persons);
452	425		(F) Section 20A.03 (continuous trafficking of
453	426		persons);
454	427		(G) Section 21.02 (continuous sexual abuse of
455	428		young child or disabled individual);
456	429		(H) Section 21.11 (indecency with a child);
457	430		(I) Section 22.01(a)(1) (assault), if the
458	431		offense is:
459	432		(i) punishable as a felony of the second
460	433		degree under Subsection (b-2) of that section; or
461	434		(ii) punishable as a felony and involved
462	435		family violence as defined by Section 71.004, Family Code;
463	436		(J) Section 22.011 (sexual assault);
464	437		(K) Section 22.02 (aggravated assault);
465	438		(L) Section 22.021 (aggravated sexual assault);
466	439		(M) Section 22.04 (injury to a child, elderly
467	440		individual, or disabled individual);
468	441		(N) Section 25.072 (repeated violation of
469	442		certain court orders or conditions of bond in family violence,
470	443		child abuse or neglect, sexual assault or abuse, indecent assault,
471	444		stalking, or trafficking case);
472	445		(O) Section 25.11 (continuous violence against
473	446		the family);
474	447		(P) Section 29.03 (aggravated robbery);
475	448		(Q) Section 38.14 (taking or attempting to take
476	449		weapon from peace officer, federal special investigator, employee
477	450		or official of correctional facility, parole officer, community
478	451		supervision and corrections department officer, or commissioned
479	452		security officer);
480	453		(R) Section 43.04 (aggravated promotion of
481		-	prostitution), if the defendant is not alleged to have engaged in
482		-	conduct constituting an offense under Section 43.02(a);
	454	+	prostitution);
483	455		(S) Section 43.05 (compelling prostitution); or
484	456		(T) Section 43.25 (sexual performance by a
485	457		child).
486	458		(b) This section takes effect on the 91st day after the last
487	459		day of the legislative session if this Act does not receive a vote
488	460		of two-thirds of all the members elected to each house, as provided
489	461		by Section 39, Article III, Texas Constitution. If this Act
490	462		receives a vote of two-thirds of all the members elected to each
491	463		house, as provided by Section 39, Article III, Texas Constitution,
492	464		this section has no effect.
493	465		SECTION 7. (a) Article 17.03, Code of Criminal Procedure,
494	466		is amended by amending Subsection (b) and adding Subsections (b-2)
495	467		and (b-3) to read as follows:
496	468		(b) Only the court before whom the case is pending may
497	469		release on personal bond a defendant who:
498	470		(1) is charged with an offense under the following
499	471		sections of the Penal Code:
500	472		(A) [Section 19.03 (Capital Murder);
501	473		[(B) Section 20.04 (Aggravated Kidnapping);
502	474		[(C) Section 22.021 (Aggravated Sexual Assault);
503	475		[(D) Section 22.03 (Deadly Assault on Law
504	476		Enforcement or Corrections Officer, Member or Employee of Board of
505	477		Pardons and Paroles, or Court Participant);
506	478		[(E) Section 22.04 (Injury to a Child, Elderly
507	479		Individual, or Disabled Individual);
508	480		[(F) Section 29.03 (Aggravated Robbery);
509	481		[(G)] Section 30.02 (Burglary); or
510	482		(B) [(H)] Section 71.02 (Engaging in Organized
511	483		Criminal Activity);
512	484		[(I) Section 21.02 (Continuous Sexual Abuse of
513	485		Young Child or Children); or
514	486		[(J) Section 20A.03 (Continuous Trafficking of
515	487		Persons);]
516	488		(2) is charged with a felony under Chapter 481, Health
517	489		and Safety Code, or Section 485.033, Health and Safety Code,
518	490		punishable by imprisonment for a minimum term or by a maximum fine
519	491		that is more than a minimum term or maximum fine for a first degree
520	492		felony; or
521	493		(3) does not submit to testing for the presence of a
522	494		controlled substance in the defendant's body as requested by the
523	495		court or magistrate under Subsection (c) of this article or submits
524	496		to testing and the test shows evidence of the presence of a
525	497		controlled substance in the defendant's body.
526		-	(b-2) Except as provided by Articles 15.21, 17.033, and
527		-	17.151, a defendant may not be released on personal bond if the
528		-	defendant:
	498	+	(b-2) Notwithstanding any other law, a defendant may not be
	499	+	released on personal bond if the defendant:
529	500		(1) is charged with an offense involving violence; or
530	501		(2) while released on bail or community supervision
531	502		for an offense involving violence, is charged with committing:
532	503		(A) any offense punishable as a felony; or
533	504		(B) an offense under the following provisions of
534	505		the Penal Code:
535	506		(i) Section 22.01(a)(1) (assault);
536	507		(ii) Section 22.05 (deadly conduct);
537	508		(iii) Section 22.07 (terroristic threat);
538	509		or
539	510		(iv) Section 42.01(a)(7) or (8) (disorderly
540	511		conduct involving firearm).
541	512		(b-3) In this article:
542	513		(1) "Controlled substance" has the meaning assigned by
543	514		Section 481.002, Health and Safety Code.
544	515		(2) "Offense involving violence" means an offense
545	516		under the following provisions of the Penal Code:
546	517		(A) Section 19.02 (murder);
547	518		(B) Section 19.03 (capital murder);
548	519		(C) Section 20.03 (kidnapping);
549	520		(D) Section 20.04 (aggravated kidnapping);
550	521		(E) Section 20A.02 (trafficking of persons);
551	522		(F) Section 20A.03 (continuous trafficking of
552	523		persons);
553	524		(G) Section 21.02 (continuous sexual abuse of
554	525		young child or children);
555	526		(H) Section 21.11 (indecency with a child);
556	527		(I) Section 22.01(a)(1) (assault), if the
557	528		offense is:
558	529		(i) punishable as a felony of the second
559	530		degree under Subsection (b-2) of that section; or
560	531		(ii) punishable as a felony and involved
561	532		family violence as defined by Section 71.004, Family Code;
562	533		(J) Section 22.011 (sexual assault);
563	534		(K) Section 22.02 (aggravated assault);
564	535		(L) Section 22.021 (aggravated sexual assault);
565	536		(M) Section 22.04 (injury to a child, elderly
566	537		individual, or disabled individual);
567	538		(N) Section 25.072 (repeated violation of
568	539		certain court orders or conditions of bond in family violence,
569	540		child abuse or neglect, sexual assault or abuse, indecent assault,
570	541		stalking, or trafficking case);
571	542		(O) Section 25.11 (continuous violence against
572	543		the family);
573	544		(P) Section 29.03 (aggravated robbery);
574	545		(Q) Section 38.14 (taking or attempting to take
575	546		weapon from peace officer, federal special investigator, employee
576	547		or official of correctional facility, parole officer, community
577	548		supervision and corrections department officer, or commissioned
578	549		security officer);
579	550		(R) Section 43.04 (aggravated promotion of
580	551		prostitution);
581	552		(S) Section 43.05 (compelling prostitution); or
582	553		(T) Section 43.25 (sexual performance by a
583	554		child).
584	555		(b) This section takes effect immediately if this Act
585	556		receives a vote of two-thirds of all the members elected to each
586	557		house, as provided by Section 39, Article III, Texas Constitution.
587	558		If this Act does not receive a vote of two-thirds of all the members
588	559		elected to each house, as provided by Section 39, Article III, Texas
589	560		Constitution, this section has no effect.
590	561		SECTION 8. Chapter 17, Code of Criminal Procedure, is
591	562		amended by adding Article 17.0501 to read as follows:
592	563		Art. 17.0501. REQUIRED TRAINING. The Department of Public
593	564		Safety shall develop training courses that relate to the use of the
594	565		statewide telecommunications system maintained by the department
595	566		and that are directed to each magistrate, judge, sheriff, peace
596	567		officer, or jailer required to obtain criminal history record
597	568		information under this chapter, as necessary to enable the person
598	569		to fulfill those requirements.
599		-	SECTION 9. Chapter 17, Code of Criminal Procedure, is
600		-	amended by adding Article 17.071 to read as follows:
601		-	Art. 17.071. CHARITABLE BAIL ORGANIZATIONS. (a) In this
602		-	article, "charitable bail organization" means a person who accepts
603		-	and uses donations from the public to deposit money with a court in
604		-	the amount of a defendant's bail bond. The term does not include:
605		-	(1) a person accepting donations with respect to a
606		-	defendant who is a member of the person's family, as determined
607		-	under Section 71.003, Family Code; or
608		-	(2) a nonprofit corporation organized for a religious
609		-	purpose.
610		-	(b) This article does not apply to a charitable bail
611		-	organization that pays a bail bond for not more than three
612		-	defendants in any 180-day period.
613		-	(c) A person may not act as a charitable bail organization
614		-	for the purpose of paying a defendant's bail bond in a county unless
615		-	the person:
616		-	(1) is a nonprofit organization exempt from federal
617		-	income taxation under Section 501(a), Internal Revenue Code of
618		-	1986, as an organization described by Section 501(c)(3) of that
619		-	code; and
620		-	(2) has been issued a certificate under Subsection (d)
621		-	with respect to that county.
622		-	(d) A county clerk shall issue to a charitable bail
623		-	organization a certificate authorizing the organization to pay bail
624		-	bonds in the county if the clerk determines the organization is:
625		-	(1) a nonprofit organization described by Subsection
626		-	(c)(1); and
627		-	(2) current on all filings required by the Internal
628		-	Revenue Code.
629		-	(e) A charitable bail organization shall file in the office
630		-	of the county clerk of each county where the organization intends to
631		-	pay bail bonds an affidavit designating the individuals authorized
632		-	to pay bonds on behalf of the organization.
633		-	(f) Not later than the 10th day of each month, a charitable
634		-	bail organization shall submit, to the sheriff of each county in
635		-	which the organization files an affidavit under Subsection (e), a
636		-	report that includes the following information for each defendant
637		-	for whom the organization paid a bail bond in the preceding calendar
638		-	month:
639		-	(1) the name of the defendant;
640		-	(2) the cause number of the case;
641		-	(3) the county in which the applicable charge is
642		-	pending, if different from the county in which the bond was paid;
643		-	and
644		-	(4) any dates on which the defendant has failed to
645		-	appear in court as required for the charge for which the bond was
646		-	paid.
647		-	(f-1) A sheriff who receives a report under Subsection (f)
648		-	shall provide a copy of the report to the Office of Court
649		-	Administration of the Texas Judicial System.
650		-	(g) A charitable bail organization may not pay a bail bond
651		-	for a defendant at any time the organization is considered to be out
652		-	of compliance with the reporting requirements of this article.
653		-	(h) The sheriff of a county may suspend a charitable bail
654		-	organization from paying bail bonds in the county for a period not
655		-	to exceed one year if the sheriff determines the organization has
656		-	paid one or more bonds in violation of this article and the
657		-	organization has received a warning from the sheriff in the
658		-	preceding 12-month period for another payment of bond made in
659		-	violation of this article. The sheriff shall report the suspension
660		-	to the Office of Court Administration of the Texas Judicial System.
661		-	(i) Chapter 22 applies to a bail bond paid by a charitable
662		-	bail organization.
663		-	(j) A charitable bail organization may not accept a premium
664		-	or compensation for paying a bail bond for a defendant.
665		-	(k) Not later than December 1 of each year, the Office of
666		-	Court Administration of the Texas Judicial System shall prepare and
667		-	submit, to the governor, lieutenant governor, speaker of the house
668		-	of representatives, and presiding officers of the standing
669		-	committees of each house of the legislature with primary
670		-	jurisdiction over the judiciary, a report regarding the information
671		-	submitted to the office under Subsections (f-1) and (h) for the
672		-	preceding state fiscal year.
673		-	SECTION 10. (a) Article 17.15, Code of Criminal Procedure,
674		-	is amended to read as follows:
675		-	Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL.
676		-	(a) The amount of bail and any conditions of bail to be required in
677		-	any case in which the defendant has been arrested are [is] to be
678		-	regulated by the court, judge, magistrate, or officer taking the
679		-	bail in accordance with Articles 17.20, 17.21, and 17.22 and[;
680		-	they] are [to be] governed [in the exercise of this discretion] by
681		-	the Constitution and [by] the following rules:
	570	+	SECTION 9. Article 17.15, Code of Criminal Procedure, is
	571	+	amended to read as follows:
	572	+	Art. 17.15. RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
	573	+	The amount of bail and any conditions of bail to be required in any
	574	+	case are [is] to be regulated by the court, judge, magistrate, or
	575	+	officer taking the bail in accordance with Articles 17.20, 17.21,
	576	+	and 17.22 and[; they] are [to be] governed [in the exercise of this
	577	+	discretion] by the Constitution and [by] the following rules:
682	578		1. Bail and any conditions of bail [The bail] shall be
683	579		sufficient [sufficiently high] to give reasonable assurance that
684	580		the undertaking will be complied with.
685	581		2. The power to require bail is not to be [so] used
686	582		[as] to make bail [it] an instrument of oppression.
687	583		3. The nature of the offense and the circumstances
688	584		under which the offense [it] was committed are to be considered,
689	585		including whether the offense:
690	586		(A) is an offense involving violence as defined
691	587		by Article 17.03; or
692	588		(B) involves violence directed against a peace
693	589		officer.
694	590		4. The ability to make bail shall [is to] be considered
695	591		[regarded], and proof may be taken on [upon] this point.
696	592		5. The future safety of a victim of the alleged
697	593		offense, law enforcement, and the community shall be considered.
698	594		6. The criminal history record information for the
699	595		defendant, including information obtained through the statewide
700	596		telecommunications system maintained by the Department of Public
701	597		Safety and through the public safety report system developed under
702	598		Article 17.021, shall be considered, including any acts of family
703	599		violence, other pending criminal charges, and any instances in
704	600		which the defendant failed to appear in court following release on
705	601		bail.
706	602		7. The citizenship status of the defendant shall be
707	603		considered.
708		-	(a-1) Notwithstanding any other law, the duties imposed by
709		-	Subsection (a)(6) with respect to obtaining and considering
710		-	information through the public safety report system do not apply
711		-	until April 1, 2022. This subsection expires June 1, 2022.
712	604		(b) For purposes of determining whether clear and
713	605		convincing evidence exists to deny a person bail under Section 11d,
714	606		Article I, Texas Constitution, a magistrate shall consider all
715	607		information relevant to the factors listed in Subsection (a).
716	608		(c) In this article, "family violence" has the meaning
717	609		assigned by Section 71.004, Family Code.
718		-	(b) Article 17.15(a), Code of Criminal Procedure, as
719		-	amended by this Act, and Article 17.15(c), as added by this Act,
720		-	take effect immediately if this Act receives a vote of two-thirds of
721		-	all the members elected to each house, as provided by Section 39,
722		-	Article III, Texas Constitution. If this Act does not receive the
723		-	vote necessary for immediate effect, Article 17.15(a), Code of
724		-	Criminal Procedure, as amended by this Act, and Article 17.15(c),
725		-	as added by this Act, take effect on the 91st day after the last day
726		-	of the legislative session.
727		-	SECTION 11. Article 17.20, Code of Criminal Procedure, is
	610	+	SECTION 10. Article 17.20, Code of Criminal Procedure, is
728	611		amended to read as follows:
729	612		Art. 17.20. BAIL IN MISDEMEANOR. (a) In cases of
730	613		misdemeanor, the sheriff or other peace officer, or a jailer
731	614		licensed under Chapter 1701, Occupations Code, may, whether during
732	615		the term of the court or in vacation, where the officer has a
733	616		defendant in custody, take the defendant's [of the defendant a]
734	617		bail [bond].
735	618		(b) Before taking bail under this article, the sheriff,
736	619		peace officer, or jailer shall obtain the defendant's criminal
737	620		history record information through the statewide
738	621		telecommunications system maintained by the Department of Public
739	622		Safety and through the public safety report system developed under
740	623		Article 17.021.
741		-	(c) Notwithstanding Subsection (b), a sheriff, peace
742		-	officer, or jailer may make a bail decision regarding a defendant
743		-	who is charged only with a misdemeanor punishable by fine only or a
744		-	defendant who receives a citation under Article 14.06(c) without
745		-	considering the factor required by Article 17.15(a)(6).
746		-	(d) If the defendant is charged with or has previously been
	624	+	(c) If the defendant is charged with or has previously been
747	625		convicted of an offense involving violence as defined by Article
748	626		17.03, the sheriff, officer, or jailer may not set the amount of the
749	627		defendant's bail but may take the defendant's bail in the amount set
750	628		by the court.
751		-	SECTION 12. Article 17.22, Code of Criminal Procedure, is
	629	+	SECTION 11. Article 17.22, Code of Criminal Procedure, is
752	630		amended to read as follows:
753	631		Art. 17.22. MAY TAKE BAIL IN FELONY. (a) In a felony case,
754	632		if the court before which the case [same] is pending is not in
755	633		session in the county where the defendant is in custody, the sheriff
756	634		or other peace officer, or a jailer licensed under Chapter 1701,
757	635		Occupations Code, who has the defendant in custody may take the
758	636		defendant's bail [bond] in the [such] amount set [as may have been
759	637		fixed] by the court or magistrate, or if no amount has been set
760	638		[fixed], then in any [such] amount that the [as such] officer
761	639		considers [may consider] reasonable and that is in compliance with
762	640		Article 17.15.
763	641		(b) Before taking bail under this article, the sheriff,
764	642		peace officer, or jailer shall obtain the defendant's criminal
765	643		history record information through the statewide
766	644		telecommunications system maintained by the Department of Public
767	645		Safety and through the public safety report system developed under
768	646		Article 17.021.
769	647		(c) If the defendant is charged with or has previously been
770	648		convicted of an offense involving violence as defined by Article
771	649		17.03, the sheriff, officer, or jailer may not set the amount of the
772	650		defendant's bail but may take the defendant's bail in the amount set
773	651		by the court.
774		-	SECTION 13. Chapter 17, Code of Criminal Procedure, is
	652	+	SECTION 12. Chapter 17, Code of Criminal Procedure, is
775	653		amended by adding Articles 17.51, 17.52, and 17.53 to read as
776	654		follows:
777	655		Art. 17.51. NOTICE OF CONDITIONS. (a) As soon as
778	656		practicable but not later than the next business day after the date
779	657		a magistrate issues an order imposing a condition of release on bond
780	658		for a defendant or modifying or removing a condition previously
781	659		imposed, the clerk of the court shall send a copy of the order to:
782	660		(1) the appropriate attorney representing the state;
783	661		and
784	662		(2) the sheriff of the county where the defendant
785	663		resides.
786	664		(b) A clerk of the court may delay sending a copy of the
787	665		order under Subsection (a) only if the clerk lacks information
788	666		necessary to ensure service and enforcement.
789	667		(c) If an order described by Subsection (a) prohibits a
790	668		defendant from going to or near a child care facility or school, the
791	669		clerk of the court shall send a copy of the order to the child care
792	670		facility or school.
793	671		(d) The copy of the order and any related information may be
794	672		sent electronically or in another manner that can be accessed by the
795	673		recipient.
796	674		(e) The magistrate or the magistrate's designee shall
797	675		provide written notice to the defendant of:
798	676		(1) the conditions of release on bond; and
799	677		(2) the penalties for violating a condition of
800	678		release.
801	679		(f) The magistrate shall make a separate record of the
802	680		notice provided to the defendant under Subsection (e).
803	681		(g) The Office of Court Administration of the Texas Judicial
804	682		System shall promulgate a form for use by a magistrate or a
805	683		magistrate's designee in providing notice to the defendant under
806	684		Subsection (e). The form must include the relevant statutory
807	685		language from the provisions of this chapter under which a
808	686		condition of release on bond may be imposed on a defendant.
809	687		Art. 17.52. REPORTING OF CONDITIONS. A chief of police or
810	688		sheriff who receives a copy of an order described by Article
811	689		17.51(a), or the chief's or sheriff's designee, shall, as soon as
812	690		practicable but not later than the 10th day after the date the copy
813	691		is received, enter information relating to the condition of release
814	692		into the appropriate database of the statewide law enforcement
815	693		information system maintained by the Department of Public Safety or
816	694		modify or remove information, as appropriate.
817	695		Art. 17.53. PROCEDURES AND FORMS RELATED TO MONETARY BOND.
818	696		The Office of Court Administration of the Texas Judicial System
819	697		shall develop statewide procedures and prescribe forms to be used
820	698		by a court to facilitate:
821	699		(1) the refund of any cash funds paid toward a monetary
822	700		bond, with an emphasis on refunding those funds to the person in
823	701		whose name the receipt described by Article 17.02 was issued; and
824	702		(2) the application of those cash funds to the
825	703		defendant's outstanding court costs, fines, and fees.
826		-	SECTION 14. Article 66.102(c), Code of Criminal Procedure,
	704	+	SECTION 13. Article 66.102(c), Code of Criminal Procedure,
827	705		is amended to read as follows:
828	706		(c) Information in the computerized criminal history system
829	707		relating to an arrest must include:
830	708		(1) the offender's name;
831	709		(2) the offender's state identification number;
832	710		(3) the arresting law enforcement agency;
833	711		(4) the arrest charge, by offense code and incident
834	712		number;
835	713		(5) whether the arrest charge is a misdemeanor or
836	714		felony;
837	715		(6) the date of the arrest;
838	716		(7) for an offender released on bail, whether a
839	717		warrant was issued for any subsequent failure of the offender to
840	718		appear in court;
841	719		(8) the exact disposition of the case by a law
842	720		enforcement agency following the arrest; and
843	721		(9) [(8)] the date of disposition of the case by the
844	722		law enforcement agency.
845		-	SECTION 15. Section 27.005, Government Code, is amended by
	723	+	SECTION 14. Section 27.005, Government Code, is amended by
846	724		amending Subsection (a) and adding Subsection (c) to read as
847	725		follows:
848	726		(a) For purposes of removal under Chapter 87, Local
849	727		Government Code, "incompetency" in the case of a justice of the
850	728		peace includes the failure of the justice to successfully complete:
851	729		(1) within one year after the date the justice is first
852	730		elected:
853	731		(A) [,] an 80-hour course in the performance of
854	732		the justice's duties; and
855	733		(B) the course described by Article
856	734		17.024(a)(1), Code of Criminal Procedure;
857	735		(2) each following year, a 20-hour course in the
858	736		performance of the justice's duties, including not less than 10
859	737		hours of instruction regarding substantive, procedural, and
860	738		evidentiary law in civil matters; and
861	739		(3) each following state fiscal biennium, the course
862	740		described by Article 17.024(a)(2), Code of Criminal Procedure.
863	741		(c) A course described by Subsection (a)(1)(A) may include a
864	742		course described by Subsection (a)(1)(B).
865		-	SECTION 16. Subchapter C, Chapter 71, Government Code, is
	743	+	SECTION 15. Subchapter C, Chapter 71, Government Code, is
866	744		amended by adding Section 71.0351 to read as follows:
867	745		Sec. 71.0351. BAIL AND PRETRIAL RELEASE INFORMATION. (a)
868	746		As a component of the official monthly report submitted to the
869	747		Office of Court Administration of the Texas Judicial System under
870	748		Section 71.035, the clerk of each court setting bail in criminal
871	749		cases shall report:
872		-	(1) the number of defendants for whom bail was set
873		-	~~after arrest,~~ including:
	750	+	(1) the number of defendants for whom bail was set,
	751	+	including:
874	752		(A) the number for each category of offense;
875	753		(B) the number of personal bonds; and
876	754		(C) the number of surety or cash bonds;
877	755		(2) the number of defendants released on bail who
878	756		subsequently failed to appear;
879	757		(3) the number of defendants released on bail who
880	758		subsequently violated a condition of release; and
881	759		(4) the number of defendants who committed an offense
882	760		while released on bail or community supervision.
883	761		(b) The office shall post the information in a publicly
884	762		accessible place on the agency's Internet website without
885	763		disclosing any personal information of any defendant, judge, or
886	764		magistrate.
887	765		(c) Not later than December 1 of each year, the office shall
888	766		submit a report containing the data collected under this section
889	767		during the preceding state fiscal year to the governor, lieutenant
890	768		governor, speaker of the house of representatives, and presiding
891	769		officers of the standing committees of each house of the
892	770		legislature with primary jurisdiction over the judiciary.
893		-	SECTION 17. Subchapter C, Chapter 72, Government Code, is
	771	+	SECTION 16. Subchapter C, Chapter 72, Government Code, is
894	772		amended by adding Section 72.038 to read as follows:
895	773		Sec. 72.038. BAIL FORM. (a) The office shall promulgate a
896	774		form to be completed by a magistrate, judge, sheriff, peace
897	775		officer, or jailer who sets bail under Chapter 17, Code of Criminal
898	776		Procedure, for a defendant charged with an offense punishable as a
899	777		Class B misdemeanor or any higher category of offense. The office
900	778		shall incorporate the completed forms into the public safety report
901	779		system developed under Article 17.021, Code of Criminal Procedure.
902	780		(b) The form must:
903	781		(1) state the cause number of the case, if available,
904	782		the defendant's name and date of birth, and the offense for which
905	783		the defendant was arrested;
906	784		(2) state the name and the office or position of the
907	785		person setting bail;
908	786		(3) require the person setting bail to:
909	787		(A) identify the bail type, the amount of the
910	788		bail, and any conditions of bail;
911	789		(B) certify that the person considered each
912	790		factor provided by Article 17.15(a), Code of Criminal Procedure;
913	791		and
914	792		(C) certify that the person considered the
915	793		information provided by the public safety report system; and
916	794		(4) be electronically signed by the person setting the
917	795		bail.
918	796		(c) The person setting bail, an employee of the court that
919	797		set the defendant's bail, or an employee of the county in which the
920	798		defendant's bail was set must, on completion of the form required
921	799		under this section, promptly but not later than 72 hours after the
922	800		time the defendant's bail is set provide the form electronically to
923	801		the office through the public safety report system.
924		-	(d) The office shall publish the information from each form
925		-	submitted under this section in a database that is publicly
926		-	accessible on the office's Internet website. Any identifying
927		-	information or sensitive data, as defined by Rule 21c, Texas Rules
928		-	of Civil Procedure, regarding the victim of an offense and any
929		-	person's address or contact information shall be redacted and may
930		-	not be published under this subsection.
931		-	SECTION 18. (a) Section 411.083(c), Government Code, is
932		-	amended to read as follows:
933		-	(c) The department may disseminate criminal history record
934		-	information under Subsection (b)(1) only for a criminal justice
935		-	purpose. The department may disseminate criminal history record
936		-	information under Subsection (b)(2) only for a purpose specified in
937		-	the statute or order. The department may disseminate criminal
938		-	history record information under Subsection (b)(4), (5), or (6)
939		-	only for a purpose approved by the department and only under rules
940		-	adopted by the department. The department may disseminate criminal
941		-	history record information under Subsection (b)(7) only to the
942		-	extent necessary for a county or district clerk to perform a duty
943		-	imposed by law to collect and report criminal court disposition
944		-	information. Criminal history record information disseminated to a
945		-	clerk under Subsection (b)(7) may be used by the clerk only to
946		-	ensure that information reported by the clerk to the department is
947		-	accurate and complete. The dissemination of information to a clerk
948		-	under Subsection (b)(7) does not affect the authority of the clerk
949		-	to disclose or use information submitted by the clerk to the
950		-	department. The department may disseminate criminal history record
951		-	information under Subsection (b)(8) only to the extent necessary
952		-	for the office of court administration to perform a duty imposed by
953		-	law, including the development and maintenance of the public safety
954		-	report system as required by Article 17.021, Code of Criminal
955		-	Procedure, or to compile court statistics or prepare reports. The
956		-	office of court administration may disclose criminal history record
957		-	information obtained from the department under Subsection (b)(8):
958		-	(1) in a public safety report prepared under Article
959		-	17.022, Code of Criminal Procedure; or
960		-	(2) in a statistic compiled by the office or a report
961		-	prepared by the office, but only in a manner that does not identify
962		-	the person who is the subject of the information.
963		-	(b) This section takes effect on the 91st day after the last
964		-	day of the legislative session.
965		-	SECTION 19. Section 117.055, Local Government Code, is
	802	+	(d) The office shall publish each form submitted under this
	803	+	section in a database that is publicly accessible on the office's
	804	+	Internet website.
	805	+	SECTION 17. Section 117.055, Local Government Code, is
966	806		amended by amending Subsection (a) and adding Subsections (a-1) and
967	807		(a-2) to read as follows:
968	808		(a) Except as provided by Subsection (a-1), to [To]
969	809		compensate the county for the accounting and administrative
970	810		expenses incurred in handling the registry funds that have not
971	811		earned interest, including funds in a special or separate account,
972	812		the clerk shall, at the time of withdrawal, deduct from the amount
973	813		of the withdrawal a fee in an amount equal to five percent of the
974	814		withdrawal but that may not exceed $50. Withdrawal of funds
975	815		generated from a case arising under the Family Code is exempt from
976	816		the fee deduction provided by this section.
977	817		(a-1) A clerk may not deduct a fee under Subsection (a) from
978	818		a withdrawal of funds generated by the collection of a cash bond or
979	819		cash bail bond if in the case for which the bond was taken:
980	820		(1) the defendant was found not guilty after a trial or
981	821		appeal; or
982	822		(2) the complaint, information, or indictment was
983	823		dismissed without a plea of guilty or nolo contendere being
984	824		entered.
985	825		(a-2) On the request of a person to whom withdrawn funds
986	826		generated by the collection of a cash bond or cash bail bond were
987	827		disbursed, the clerk shall refund to the person the amount of the
988	828		fee deducted under Subsection (a) if:
989	829		(1) subsequent to the deduction, a court makes or
990	830		enters an order or ruling in the case for which the bond was taken;
991	831		and
992	832		(2) had the court made or entered the order or ruling
993	833		before the withdrawal of funds occurred, the deduction under
994	834		Subsection (a) would have been prohibited under Subsection (a-1).
995		-	SECTION 20. Article 17.03(f), Code of Criminal Procedure,
	835	+	SECTION 18. Article 17.03(f), Code of Criminal Procedure,
996	836		is repealed.
997		-	SECTION 21. As soon as practicable but not later than April
	837	+	SECTION 19. As soon as practicable but not later than April
998	838		1, 2022, the Office of Court Administration of the Texas Judicial
999	839		System shall create the public safety report system developed under
1000	840		Article 17.021, Code of Criminal Procedure, as added by this Act,
1001	841		and any related forms and materials and shall provide to the
1002	842		appropriate officials in each county and each municipality access
1003	843		to the system, forms, and materials at no cost. If those items are
1004	844		made available before April 1, 2022, the office shall notify each
1005	845		court clerk, judge or other magistrate, and office of an attorney
1006	846		representing the state.
1007		-	SECTION 22. (a) As soon as practicable but not later than
	847	+	SECTION 20. (a) As soon as practicable but not later than
1008	848		April 1, 2022, the Office of Court Administration of the Texas
1009	849		Judicial System shall:
1010	850		(1) promulgate the forms required by Articles
1011	851		17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
1012	852		this Act, and by Section 72.038, Government Code, as added by this
1013	853		Act; and
1014	854		(2) develop or approve and make available the training
1015	855		courses and certification method as described by Article 17.024,
1016	856		Code of Criminal Procedure, as added by this Act, and develop the
1017	857		procedures and prescribe the forms required by Article 17.53, Code
1018	858		of Criminal Procedure, as added by this Act.
1019	859		(b) If the items described by Subsection (a) of this section
1020	860		are made available before April 1, 2022, the office shall notify
1021	861		each court clerk, judge or other magistrate, and office of an
1022	862		attorney representing the state.
1023		-	SECTION 23. Section 117.055, Local Government Code, as
	863	+	SECTION 21. Section 117.055, Local Government Code, as
1024	864		amended by this Act, applies only to a withdrawal of funds from a
1025	865		court registry under Section 117.055, Local Government Code, made
1026	866		on or after the effective date provided by Section 23(c) of this
1027	867		Act. A withdrawal of funds from a court registry made before the
1028	868		effective date provided by Section 23(c) of this Act is governed by
1029	869		the law in effect on the date the withdrawal was made, and the
1030	870		former law is continued in effect for that purpose.
1031		-	SECTION 24. The changes in law made by this Act apply only
	871	+	SECTION 22. The changes in law made by this Act apply only
1032	872		to a person who is arrested on or after the effective date of this
1033	873		Act. A person arrested before the effective date of this Act is
1034	874		governed by the law in effect on the date the person was arrested,
1035	875		and the former law is continued in effect for that purpose.
1036		-	SECTION 25. (a) Except as provided by Subsection (b) or (c)
	876	+	SECTION 23. (a) Except as provided by Subsection (b) or (c)
1037	877		of this section or another provision of this Act, this Act takes
1038	878		effect January 1, 2022.
1039	879		(b) Article 17.15(b), Code of Criminal Procedure, as added
1040	880		by this Act, takes effect June 1, 2022, but only if the
1041	881		constitutional amendment proposed by the 87th Legislature, 2nd
1042	882		Called Session, 2021, requiring a judge or magistrate to impose the
1043	883		least restrictive conditions of bail that may be necessary and
1044	884		authorizing the denial of bail under some circumstances to a person
1045	885		accused of a violent or sexual offense or of continuous trafficking
1046	886		of persons is approved by the voters. If that amendment is not
1047	887		approved by the voters, Article 17.15(b), Code of Criminal
1048	888		Procedure, has no effect.
1049	889		(c) Articles 17.021 and 17.024, Code of Criminal Procedure,
1050	890		as added by this Act, and Sections 4, 17, 19, 20, and 21 of this Act
1051	891		take effect on the 91st day after the last day of the legislative
1052	892		session.
1053		-	______________________________ ______________________________
1054		-	President of the Senate Speaker of the House
1055		-	I hereby certify that S.B. No. 6 passed the Senate on
1056		-	August 9, 2021, by the following vote: Yeas 27, Nays 2; and that
1057		-	the Senate concurred in House amendments on August 31, 2021, by the
1058		-	following vote: Yeas 26, Nays 5.
1059		-	______________________________
1060		-	Secretary of the Senate
1061		-	I hereby certify that S.B. No. 6 passed the House, with
1062		-	amendments, on August 30, 2021, by the following vote: Yeas 85,
1063		-	Nays 40, one present not voting.
1064		-	______________________________
1065		-	Chief Clerk of the House
1066		-	Approved:
1067		-	______________________________
1068		-	Date
1069		-	______________________________
1070		-	Governor