Texas 2023 - 88th Regular

Texas House Bill HB4379 Compare Versions

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1	1	88R14130 JCG-F
2	2	By: Reynolds H.B. No. 4379
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to citations and arrests for criminal offenses and
8	8	pretrial detention and release.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 1, Code of Criminal Procedure, is amended
11	11	by adding Chapter 17B to read as follows:
12	12	CHAPTER 17B. PRETRIAL RELEASE AND DETENTION ACT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Art. 17B.001. SHORT TITLE. This chapter may be cited as the
15	15	Texas Pretrial Release and Detention Act.
16	16	Art. 17B.002. DEFINITIONS. In this chapter:
17	17	(1) "Abscond" means to fail to appear in court as
18	18	required with the intent to avoid or delay adjudication.
19	19	(2) "Charge" means an allegation of an offense in a
20	20	complaint, information, indictment, citation, or similar record.
21	21	(3) "Citation" means a record issued by a peace
22	22	officer alleging an offense.
23	23	(4) "Covered offense" means:
24	24	(A) a violent offense or sexual offense as those
25	25	terms are defined by Section 11a(b), Article I, Texas Constitution;
26	26	or
27	27	(B) an offense under Section 20A.03, Penal Code
28	28	(Continuous Trafficking of Persons).
29	29	(5) "Detention hearing" means a hearing under Article
30	30	17B.151.
31	31	(6) "Homeless person" means a person who at any time in
32	32	the preceding six months had a primary address at:
33	33	(A) a shelter operated and supervised by a
34	34	governmental entity or a private charitable organization for the
35	35	purpose of providing temporary living accommodations, including
36	36	welfare hotels, congregate shelters, or transitional housing for
37	37	persons with behavioral or mental health disorders; or
38	38	(B) a public or private place not designed for or
39	39	regularly used as a regular sleeping accommodation for human
40	40	beings, including an automobile, a park, an abandoned building, a
41	41	bus or train station, or a similar setting.
42	42	(7) "Obstruct justice" means interfere with the
43	43	criminal process with the intent to influence or impede the
44	44	administration of justice. The term includes tampering with a
45	45	witness or evidence.
46	46	(8) "Offense" means conduct prohibited by law and
47	47	subject to a criminal penalty.
48	48	(9) "Record" means information that is inscribed on a
49	49	tangible medium or that is stored in an electronic or other medium
50	50	and is retrievable in perceivable form.
51	51	(10) "Release hearing" means a hearing under Article
52	52	17B.101.
53	53	(11) "Release on recognizance" means pretrial release
54	54	of an individual with no condition other than to appear in court as
55	55	required and to abide by generally applicable laws.
56	56	(12) "Secured appearance bond" means a person's
57	57	promise, secured by sufficient surety, deposit, lien, or proof of
58	58	access to collateral, to forfeit a specified sum if the individual
59	59	whose appearance is the subject of the bond absconds or does not
60	60	appear.
61	61	(13) "Undue hardship" means a burden that causes a
62	62	person or the person's dependents to sacrifice to some extent the
63	63	basic necessities of life, including food, medical care, clothing,
64	64	shelter, transportation, or hygiene products.
65	65	(14) "Unsecured appearance bond" means a person's
66	66	promise other than through secured appearance bond to forfeit a
67	67	specified sum if the individual whose appearance is the subject of
68	68	the bond absconds or does not appear.
69	69	Art. 17B.003. SCOPE. This chapter governs a determination
70	70	to arrest, release, or detain an individual before trial. This
71	71	chapter does not affect the law of this state other than this
72	72	chapter regarding related matters, including:
73	73	(1) forfeiture, release, or collection of a secured
74	74	appearance bond or an unsecured appearance bond;
75	75	(2) involuntary commitment;
76	76	(3) a right of a crime victim, including a right of
77	77	notification;
78	78	(4) appellate review; or
79	79	(5) release pending appeal.
80	80	Art. 17B.004. CONFLICT OF LAWS. To the extent of any
81	81	conflict between this chapter and another law, this chapter
82	82	prevails.
83	83	SUBCHAPTER B. CITATION AND ARREST
84	84	Art. 17B.051. AUTHORITY FOR CITATION OR ARREST. (a) If a
85	85	peace officer has probable cause to believe an individual is
86	86	committing or has committed an offense, the peace officer may issue
87	87	the individual a citation or take other action authorized by law.
88	88	(b) Except as otherwise provided by law of this state other
89	89	than this chapter, a peace officer, including a person acting at the
90	90	direction of the peace officer, may arrest an individual only if:
91	91	(1) the individual is subject to an order of detention
92	92	from any jurisdiction, including an arrest warrant or order of
93	93	revocation of community supervision, parole, mandatory
94	94	supervision, or release; or
95	95	(2) subject to Subsection (c), the peace officer has
96	96	probable cause to believe the individual is committing or has
97	97	committed an offense.
98	98	(c) If an offense under Subsection (b)(2) is a misdemeanor,
99	99	a peace officer, including a person acting at the direction of a
100	100	peace officer, may not arrest an individual unless:
101	101	(1) after the person has used all reasonably available
102	102	means to confirm the identification of the individual, the
103	103	individual fails to provide adequate identification, orally or
104	104	through documentation, as lawfully requested by the person; or
105	105	(2) the peace officer reasonably believes arrest is
106	106	necessary to:
107	107	(A) protect a reasonably identifiable individual
108	108	from significant imminent harm; or
109	109	(B) prevent the individual from fleeing the
110	110	jurisdiction.
111	111	(d) For each arrest a peace officer makes under this
112	112	article, the peace officer shall report to the law enforcement
113	113	agency that employs the officer the reason the officer did not issue
114	114	a citation in lieu of arrest under Subsection (a).
115	115	Art. 17B.052. FORM OF CITATION. A citation must state:
116	116	(1) the circumstances of the alleged offense and the
117	117	provision of law violated;
118	118	(2) if a court appearance is required:
119	119	(A) the time and place the individual must appear
120	120	before a magistrate; and
121	121	(B) the process for requesting a change in the
122	122	appearance date; and
123	123	(3) the possible consequences of failing to appear as
124	124	required by the citation or committing an offense before the
125	125	individual's first court appearance.
126	126	Art. 17B.0525. DUTIES AFTER CITATION. After issuing a
127	127	citation under Article 17B.051 to an individual, a peace officer
128	128	shall offer the following services to the individual:
129	129	(1) phone calls and text messages to the individual
130	130	for the purpose of reminding the individual of the date the
131	131	individual is required to appear in court;
132	132	(2) information on how the individual may:
133	133	(A) contact the court for further information;
134	134	(B) report to the court a change in
135	135	circumstances, including difficulties in attending a scheduled
136	136	court appearance; or
137	137	(C) reschedule the date and time the individual
138	138	is required to appear in court; and
139	139	(3) if available in the jurisdiction, transportation
140	140	to the court for the scheduled appearance, transitional housing as
141	141	needed, and child care for the purpose of assisting the individual
142	142	in attending the scheduled court appearance.
143	143	Art. 17B.053. RELEASE AFTER ARREST. A peace officer may
144	144	release an individual after arrest and without a release hearing by
145	145	issuing a citation under Article 17B.051(a). The peace officer may
146	146	require the individual to execute an unsecured appearance bond as a
147	147	condition of release.
148	148	Art. 17B.054. APPEARANCE ON CITATION. (a) If an individual
149	149	appears as required by a citation, the court shall issue an order of
150	150	pretrial release on recognizance in the case for which the citation
151	151	was issued. The order must include the information under Article
152	152	17B.104(a).
153	153	(b) If an individual absconds or does not appear as required
154	154	by a citation, the court may issue an arrest warrant.
155	155	SUBCHAPTER C. RELEASE HEARING
156	156	Art. 17B.101. RIGHT TO HEARING; TIMING. (a) Unless an
157	157	arrested individual is released under Article 17B.053 after arrest,
158	158	the individual is entitled to a hearing to determine release
159	159	pending trial. Except as otherwise provided in Subsection (b), the
160	160	court shall hold the hearing not later than 24 hours after the
161	161	arrest.
162	162	(b) The court may continue a release hearing:
163	163	(1) on motion of the arrested individual; or
164	164	(2) in extraordinary circumstances, to a time that is
165	165	not later than 48 hours after arrest, on its own motion.
166	166	Art. 17B.102. RIGHTS OF ARRESTED INDIVIDUAL. (a) An
167	167	arrested individual has a right to be heard at a release hearing.
168	168	(b) An arrested individual has a right to counsel at a
169	169	release hearing. If the individual is unable to obtain counsel for
170	170	the hearing, the court shall appoint counsel. The scope of
171	171	representation under this article may be limited to the subject
172	172	matter of the hearing.
173	173	Art. 17B.103. JUDICIAL DETERMINATION OF RELEVANT RISK. At
174	174	a release hearing, the court shall determine whether the arrested
175	175	individual poses a risk that is relevant to pretrial release. The
176	176	individual poses a relevant risk only if the court determines by
177	177	clear and convincing evidence that the individual is significantly
178	178	likely to abscond, obstruct justice, violate a protective order, or
179	179	cause significant harm to a reasonably identifiable individual. The
180	180	court shall consider:
181	181	(1) available information concerning:
182	182	(A) the nature, seriousness, and circumstances
183	183	of the alleged offense;
184	184	(B) the weight of the evidence against the
185	185	individual;
186	186	(C) the individual's adult criminal history,
187	187	history of absconding, and community ties;
188	188	(D) whether the individual has a pending charge
189	189	in another matter or is on community supervision, parole, or
190	190	mandatory supervision; and
191	191	(E) only as factors supporting release, the
192	192	defendant's:
193	193	(i) place of residence and the period for
194	194	which the defendant has resided there;
195	195	(ii) community ties; and
196	196	(iii) employment and education
197	197	commitments;
198	198	(2) any relevant information in a pretrial risk
199	199	assessment; and
200	200	(3) other relevant information that weighs in favor of
201	201	release, including information provided by the individual or the
202	202	attorney representing the state.
203	203	Art. 17B.104. PRETRIAL RELEASE. (a) Except as otherwise
204	204	provided in Subsection (b) and Article 17B.108, at a release
205	205	hearing the court shall issue an order of pretrial release on
206	206	recognizance. The order must state:
207	207	(1) the time and place the individual must appear
208	208	before a magistrate; and
209	209	(2) the possible consequences of failing to appear as
210	210	required by the order of committing an offense while the charge is
211	211	pending.
212	212	(b) If the court determines under Article 17B.103 that an
213	213	arrested individual poses a relevant risk, the court shall
214	214	determine under Articles 17B.105, 17B.106, and 17B.107 whether
215	215	pretrial release of the individual is appropriate.
216	216	(c) If the court determines under Articles 17B.105,
217	217	17B.106, and 17B.107 that pretrial release is appropriate, the
218	218	court shall issue an order of pretrial release. The order must
219	219	include the information required under Subsection (a) and any
220	220	restrictive condition imposed by the court.
221	221	Art. 17B.105. PRACTICAL ASSISTANCE; VOLUNTARY SUPPORTIVE
222	222	SERVICES. (a) If the court determines under Article 17B.103 that an
223	223	arrested individual poses a relevant risk, the court shall
224	224	determine whether practical assistance or a voluntary supportive
225	225	service, or both, are available and sufficient to address
226	226	satisfactorily the risk.
227	227	(b) If the court determines the practical assistance or a
228	228	voluntary supportive service is available and sufficient to address
229	229	satisfactorily a relevant risk the court identifies under Article
230	230	17B.103, the court shall refer the individual to the practical
231	231	assistance or voluntary supportive service and issue an order of
232	232	pretrial release under Article 17B.104(c).
233	233	(c) For purposes of this article, "voluntary supportive
234	234	service" includes transportation assistance, child care
235	235	assistance, and referrals to community-based mental health
236	236	services.
237	237	Art. 17B.106. RESTRICTIVE CONDITION OF RELEASE. (a) If the
238	238	court determines under Article 17B.105 that practical assistance or
239	239	a voluntary supportive service is not sufficient to address
240	240	satisfactorily a relevant risk the court identifies under Article
241	241	17B.103, the court shall impose the least restrictive condition or
242	242	conditions reasonably necessary to address satisfactorily the risk
243	243	and issue an order of pretrial release under Article 17B.104(c).
244	244	(b) A restrictive condition under Subsection (a) may
245	245	include:
246	246	(1) mandatory therapeutic treatment or social
247	247	services;
248	248	(2) a requirement to seek to obtain or maintain
249	249	employment or maintain an education commitment;
250	250	(3) a restriction on possession or use of a weapon;
251	251	(4) a restriction on travel;
252	252	(5) a restriction on contact with a specified person;
253	253	(6) a restriction on a specified activity;
254	254	(7) supervision by a community supervision and
255	255	corrections department or an individual;
256	256	(8) active or passive electronic monitoring;
257	257	(9) house arrest;
258	258	(10) subject to Article 17B.107, a secured appearance
259	259	bond or unsecured appearance bond;
260	260	(11) a condition proposed by the arrested individual,
261	261	the attorney representing the state, or an alleged victim;
262	262	(12) any other nonfinancial condition required by law
263	263	of this state other than this chapter; or
264	264	(13) another condition to address satisfactorily the
265	265	relevant risk the court identifies under Article 17B.103.
266	266	(c) The court shall state in a record the reasons the
267	267	restrictive condition or conditions imposed under Subsection (a)
268	268	are the least restrictive reasonably necessary to address
269	269	satisfactorily the relevant risk the court identifies under Article
270	270	17B.103.
271	271	Art. 17B.107. FINANCIAL CONDITION OF RELEASE. (a) Subject
272	272	to Articles 17B.108 and 17B.153, the court may not impose a
273	273	restrictive condition under Article 17B.106 that requires initial
274	274	payment of a fee in a sum greater than the arrested individual is
275	275	able to pay without causing undue hardship from personal financial
276	276	resources not later than 24 hours after the condition is imposed. If
277	277	the individual is unable to pay the initial fee, the court shall
278	278	waive or modify the fee, or waive or modify the restrictive
279	279	condition that requires payment of the fee, to the extent necessary
280	280	to release the individual. If the individual is unable to pay a
281	281	recurring fee, the court shall waive or modify the recurring fee or
282	282	the restrictive condition that requires payment of the fee.
283	283	(b) Before imposing a secured appearance bond or unsecured
284	284	appearance bond under Article 17B.106, the court shall consider the
285	285	arrested individual's personal financial resources and
286	286	obligations, including income, assets, expenses, liabilities, and
287	287	dependents.
288	288	(c) Subject to Articles 17B.108 and 17B.153, the court may
289	289	not impose a secured appearance bond as a restrictive condition
290	290	under Article 17B.106 unless the court determines by clear and
291	291	convincing evidence that the arrested individual is significantly
292	292	likely to abscond, obstruct justice, or violate a protective order.
293	293	(d) Subject to Articles 17B.108 and 17B.153, the court may
294	294	not impose a secured appearance bond as a restrictive condition
295	295	under Article 17B.106:
296	296	(1) to keep an arrested individual detained;
297	297	(2) for a charge that is not a felony, unless the
298	298	individual has been previously convicted of an offense under
299	299	Section 38.10, Penal Code, within the preceding five years; or
300	300	(3) the cost of which is an amount greater than the
301	301	individual is able to pay without causing undue hardship from
302	302	personal financial resources not later than 24 hours after the
303	303	condition is imposed.
304	304	(e) The court shall presume that a restrictive condition
305	305	requiring the payment of a fee or imposing a secured appearance bond
306	306	causes undue hardship under Subsection (a) or (d) on the arrested
307	307	individual if the individual:
308	308	(1) is eligible for the appointment of counsel in a
309	309	criminal proceeding under Article 26.04 or other law;
310	310	(2) is, or has been at any time within the preceding
311	311	six months, a homeless person;
312	312	(3) regularly earns income at or below 200% of the
313	313	federal poverty level;
314	314	(4) is a full-time student enrolled at a college or an
315	315	institution of higher education;
316	316	(5) has been at any time in the preceding six months
317	317	confined in a correctional facility, as defined by Section 1.07,
318	318	Penal Code;
319	319	(6) has resided at any time in the preceding six months
320	320	in a facility primarily engaged in providing mental health
321	321	services; or
322	322	(7) qualifies for or has dependents who qualify for
323	323	any state or federal assistance program, including:
324	324	(A) the medical assistance program operated
325	325	under Chapter 32, Human Resources Code;
326	326	(B) the supplemental nutrition assistance
327	327	program (SNAP) operated under Chapter 33, Human Resources Code;
328	328	(C) the Temporary Assistance for Needy Families
329	329	(TANF) program;
330	330	(D) Supplemental Security Income (SSI) benefits
331	331	under 42 U.S.C. Section 1381 et seq.;
332	332	(E) Social Security Disability Insurance (SSDI)
333	333	benefits under 42 U.S.C. Section 401 et seq.; or
334	334	(F) housing assistance payments under any
335	335	federal law described by Section 2306.6702(5)(A)(i), Government
336	336	Code.
337	337	(f) A restrictive condition imposed under Article 17B.106
338	338	that requires the payment of a fee or imposes a secured appearance
339	339	bond may never be in an amount that exceeds two percent of the
340	340	arrested individual's annual income.
341	341	Art. 17B.108. TEMPORARY PRETRIAL DETENTION. (a) At the
342	342	conclusion of a release hearing, the court may issue an order to
343	343	detain the arrested individual temporarily until a detention
344	344	hearing, or may impose a financial condition of release in an amount
345	345	greater than the individual is able to pay from personal financial
346	346	resources not later than 24 hours after the condition is imposed,
347	347	only if the individual is charged with a covered offense and the
348	348	court determines by clear and convincing evidence that:
349	349	(1) it is likely that the individual will abscond,
350	350	obstruct justice, violate a protective order, or cause significant
351	351	harm to a reasonably identifiable individual and that no less
352	352	restrictive condition is sufficient to address satisfactorily the
353	353	relevant risk the court identifies under Article 17B.103; or
354	354	(2) the individual has violated a condition of an
355	355	order of pretrial release for a pending criminal charge.
356	356	(b) If the court issues an order under Subsection (a) to
357	357	detain the arrested individual temporarily or that imposes a
358	358	financial condition of release in an amount greater than the
359	359	individual is able to pay from personal financial resources not
360	360	later than 24 hours after the condition is imposed, the court shall
361	361	state its reasons in a record, including why no less restrictive
362	362	condition or combination of conditions is sufficient.
363	363	SUBCHAPTER D. DETENTION HEARING
364	364	Art. 17B.151. DUTY TO HOLD HEARING; TIMING. (a) If the court
365	365	issues an order of temporary pretrial detention of an arrested
366	366	individual under Article 17B.108, or pretrial release of an
367	367	arrested individual under Article 17B.104 subject to a restrictive
368	368	condition that results in continued detention of the individual,
369	369	the court shall hold a hearing to consider continued detention of
370	370	the individual pending trial. The hearing must be held not later
371	371	than 48 hours after issuance of the order.
372	372	(b) The court on its own motion may continue a detention
373	373	hearing for good cause for not more than 48 hours.
374	374	(c) The court shall continue a detention hearing on motion
375	375	of the detained individual for not more than 48 hours.
376	376	(d) At the conclusion of a detention hearing, the court
377	377	shall issue an order of pretrial release or detention.
378	378	Art. 17B.152. RIGHTS OF DETAINED INDIVIDUAL. (a) At a
379	379	detention hearing, the detained individual has a right to counsel.
380	380	If the individual is indigent, the court shall appoint counsel. The
381	381	scope of representation under this article may be limited to the
382	382	subject matter of the hearing.
383	383	(b) At a detention hearing, the detained individual has a
384	384	right to:
385	385	(1) review evidence to be introduced by the attorney
386	386	representing the state before it is introduced at the hearing;
387	387	(2) present evidence, call witnesses, and provide
388	388	information;
389	389	(3) testify; and
390	390	(4) cross-examine witnesses.
391	391	Art. 17B.153. PRETRIAL DETENTION. (a) At a detention
392	392	hearing, the court shall consider the criteria in Articles 17B.103,
393	393	17B.104, 17B.105, 17B.106, and 17B.107 to determine whether to
394	394	issue an order of pretrial detention or continue, amend, or
395	395	eliminate a restrictive condition that has resulted in continued
396	396	detention of the detained individual. If failure to satisfy a
397	397	secured appearance bond or pay a fee is the only reason the
398	398	individual continues to be detained, the fact of detention is prima
399	399	facie evidence that the individual is unable to satisfy the bond or
400	400	pay the fee.
401	401	(b) The court at a detention hearing may issue an order of
402	402	pretrial detention or continue a restrictive condition of release
403	403	that results in detention only if the detained individual is
404	404	charged with a covered offense and the court determines by clear and
405	405	convincing evidence that it is likely that the individual will
406	406	abscond, obstruct justice, violate a protective order, or cause
407	407	significant harm to a reasonably identifiable individual and no
408	408	less restrictive condition is sufficient to address satisfactorily
409	409	the relevant risk the court identifies under Article 17B.103.
410	410	(c) If under Subsection (b) the court issues an order of
411	411	pretrial detention or continues a restrictive condition of release
412	412	that results in detention, the court shall state its reasons in a
413	413	record, including why no less restrictive condition or combination
414	414	of conditions is sufficient.
415	415	SUBCHAPTER E. MODIFYING OR VACATING ORDER
416	416	Art. 17B.201. MODIFYING OR VACATING BY AGREEMENT. By
417	417	agreement of the attorney representing the state and an individual
418	418	subject to an order under Subchapter C or D, the court may:
419	419	(1) modify an order of pretrial release;
420	420	(2) vacate an order of pretrial detention and issue an
421	421	order of pretrial release; or
422	422	(3) issue an order of pretrial detention.
423	423	Art. 17B.202. MOTION TO MODIFY. On its own or on motion of a
424	424	party, the court may modify an order of pretrial release or
425	425	detention using the procedures and standards in Subchapters C and
426	426	D. The court may consider new information relevant to the order,
427	427	including information that the individual subject to the order has
428	428	violated a condition of release or has demonstrated a history of
429	429	compliance with the conditions of release.
430	430	SECTION 2. This Act applies to an arrest made, a citation
431	431	issued, or a release or detention hearing held on or after the
432	432	effective date of this Act, including a hearing to enforce, modify,
433	433	or vacate a release or detention order issued before the effective
434	434	date of this Act.
435	435	SECTION 3. This Act takes effect September 1, 2023.