Texas 2023 - 88th Regular

Texas House Bill HB4398 Compare Versions

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1	1	88R3574 CJD-F
2	2	By: Kitzman H.B. No. 4398
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of a personal bond or personal
8	8	bond and pretrial supervision office.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Article 17.42, Code of Criminal
11	11	Procedure, is amended to read as follows:
12	12	Art. 17.42. PERSONAL BOND OR PERSONAL BOND AND PRETRIAL
13	13	SUPERVISION OFFICE.
14	14	SECTION 2. Section 1, Article 17.42, Code of Criminal
15	15	Procedure, is amended to read as follows:
16	16	Sec. 1. Any county, or any judicial district with
17	17	jurisdiction in more than one county, with the approval of the
18	18	commissioners court of each county in the district, may establish a
19	19	personal bond or personal bond and pretrial supervision office to
20	20	gather and review information about an accused that may have a
21	21	bearing on whether the accused [he] will comply with the conditions
22	22	of a personal bond and report its findings to the court before which
23	23	the case is pending.
24	24	SECTION 3. Sections 4(a) and (b), Article 17.42, Code of
25	25	Criminal Procedure, are amended to read as follows:
26	26	(a) Except as otherwise provided by this subsection, if a
27	27	court releases an accused on personal bond on the recommendation of
28	28	a personal bond or personal bond and pretrial supervision office,
29	29	the court shall assess a personal bond reimbursement fee of $20 or
30	30	three percent of the amount of the bail fixed for the accused,
31	31	whichever is greater. The court may waive the fee or assess a
32	32	lesser fee if good cause is shown. A court that requires a
33	33	defendant to give a personal bond under Article 45.016 may not
34	34	assess a personal bond reimbursement fee under this subsection.
35	35	(b) Reimbursement fees collected under this article may be
36	36	used solely to defray expenses of the personal bond or personal bond
37	37	and pretrial supervision office, including defraying the expenses
38	38	of extradition.
39	39	SECTION 4. Sections 5(a) and (c), Article 17.42, Code of
40	40	Criminal Procedure, are amended to read as follows:
41	41	(a) A personal bond or personal bond and pretrial
42	42	supervision [pretrial release] office established under this
43	43	article shall:
44	44	(1) prepare a record containing information about any
45	45	accused person identified by case number only who, after review by
46	46	the office, is released by a court on personal bond before
47	47	sentencing in a pending case;
48	48	(2) update the record on a monthly basis; and
49	49	(3) file a copy of the record with the district or
50	50	county clerk, as applicable based on court jurisdiction over the
51	51	categories of offenses addressed in the records, in any county
52	52	served by the office.
53	53	(c) This section does not apply to a personal bond or
54	54	personal bond and pretrial supervision [pretrial release] office
55	55	that on January 1, 1995, was operated by a community corrections and
56	56	supervision department.
57	57	SECTION 5. Sections 6(a) and (c), Article 17.42, Code of
58	58	Criminal Procedure, are amended to read as follows:
59	59	(a) Not later than April 1 of each year, a personal bond or
60	60	personal bond and pretrial supervision office established under
61	61	this article shall submit to the commissioners court or district
62	62	and county judges that established the office an annual report
63	63	containing information about the operations of the office during
64	64	the preceding year.
65	65	(c) This section does not apply to a personal bond or
66	66	personal bond and pretrial supervision [pretrial release] office
67	67	that on January 1, 1995, was operated by a community corrections and
68	68	supervision department.
69	69	SECTION 6. Article 17.42, Code of Criminal Procedure, is
70	70	amended by adding Sections 7 and 8 to read as follows:
71	71	Sec. 7. (a) The commissioners court of a county that
72	72	establishes a personal bond and pretrial supervision office or the
73	73	district and county judges of a judicial district that establishes
74	74	a personal bond and pretrial supervision office may direct the
75	75	office to provide the pretrial services a community supervision and
76	76	corrections department may provide under Section 76.011,
77	77	Government Code.
78	78	(b) Except as otherwise provided by this subsection,
79	79	programs operated by the office under Subsection (a) may include
80	80	reasonable conditions and monitoring related to the purpose of the
81	81	programs, including testing for controlled substances and alcohol
82	82	use. If this subsection conflicts with a more specific provision of
83	83	another law, the other law prevails.
84	84	(c) This section does not apply to a personal bond and
85	85	pretrial supervision office that on January 1, 1995, was operated
86	86	by a community corrections and supervision department.
87	87	Sec. 8. (a) The commissioners court of a county that
88	88	establishes a personal bond and pretrial supervision office or the
89	89	district and county judges of a judicial district that establishes
90	90	a personal bond and pretrial supervision office may, as part of the
91	91	court's or the judges' duties related to pretrial services, direct
92	92	the office to provide:
93	93	(1) indigent legal services monitoring, including:
94	94	(A) assisting defendants in filing applications
95	95	for indigent legal services;
96	96	(B) reviewing applications and documentation to
97	97	assist the court in determining eligibility for indigent legal
98	98	services; and
99	99	(C) coordinating with appointed attorneys to
100	100	ensure sufficient legal services are provided;
101	101	(2) pretrial rehabilitative services, including:
102	102	(A) determining what rehabilitative services are
103	103	available to a defendant;
104	104	(B) making recommendations to this state, to
105	105	defense counsel, and to the court on rehabilitative services; and
106	106	(C) monitoring the placement of defendants in
107	107	rehabilitative services;
108	108	(3) coordination of mental health services,
109	109	including:
110	110	(A) recommending mental health testing;
111	111	(B) assisting defense counsel in meeting mental
112	112	health testing requirements;
113	113	(C) monitoring compliance with mental health
114	114	testing dates; and
115	115	(D) assisting magistrates with mental health
116	116	orders and testing; and
117	117	(4) other services as are required to fulfill the
118	118	goals of pretrial bond supervision.
119	119	(b) This section does not apply to a personal bond and
120	120	pretrial supervision office that on January 1, 1995, was operated
121	121	by a community corrections and supervision department.
122	122	SECTION 7. Subchapter F, Chapter 411, Government Code, is
123	123	amended by adding Section 411.14105 to read as follows:
124	124	Sec. 411.14105. ACCESS TO CRIMINAL HISTORY RECORD
125	125	INFORMATION: PERSONAL BOND OR PERSONAL BOND AND PRETRIAL
126	126	SUPERVISION OFFICE. (a) In this section, "personal bond or
127	127	personal bond and pretrial supervision office" means an office
128	128	established under Article 17.42, Code of Criminal Procedure.
129	129	(b) The director of a personal bond or personal bond and
130	130	pretrial supervision office, or an employee of the office
131	131	authorized by the director, is entitled to obtain from the
132	132	department criminal history record information maintained by the
133	133	department that relates to a person who is being considered for
134	134	personal bond or is receiving services from the office.
135	135	(c) A person who obtains criminal history record
136	136	information under Subsection (b) may not release the information to
137	137	any person except to a judge or magistrate making a bond
138	138	determination, if the criminal history is relevant to that
139	139	determination.
140	140	(d) Notwithstanding Subsection (c), a person who obtains
141	141	criminal history record information under Subsection (b) may
142	142	disclose to the subject of the information, the attorney
143	143	representing the state, or the subject's defense attorney:
144	144	(1) the date and place of any arrest in the subject's
145	145	criminal history and the offense for which the subject was
146	146	arrested; and
147	147	(2) the associated dispositions.
148	148	(e) The department may not charge a fee for providing
149	149	criminal history record information under this section.
150	150	SECTION 8. This Act takes effect September 1, 2023.