Texas 2023 - 88th Regular

Texas Senate Bill SB1318 Compare Versions

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Version 2 (New)

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1	1	88R30091 LHC-F
2	2	By: Huffman, et al. S.B. No. 1318
3	3	(Smith)
4	4	Substitute the following for S.B. No. 1318: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release of defendants on bail, the duties of a
10	10	magistrate in certain criminal proceedings, and the notice provided
11	11	by peace officers to adult victims of family violence.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Article 5.04(c), Code of Criminal Procedure, is
14	14	amended to read as follows:
15	15	(c) A written notice required by Subsection (b) of this
16	16	article is sufficient if it is in substantially the following form
17	17	with the required information in English and in Spanish inserted in
18	18	the notice:
19	19	"It is a crime for any person to cause you any physical injury
20	20	or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR
21	21	FAMILY OR HOUSEHOLD.
22	22	"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
23	23	"Please tell the investigating peace officer:
24	24	"IF you, your child, or any other household resident has been
25	25	injured; or
26	26	"IF you feel you are going to be in danger when the officer
27	27	leaves or later.
28	28	"You have the right to:
29	29	"ASK the local prosecutor to file a criminal complaint
30	30	against the person committing family violence;
31	31	"PROVIDE information to the local prosecutor that will be
32	32	helpful to a magistrate setting bail if the person committing
33	33	family violence is arrested; and
34	34	"APPLY to a court for an order to protect you (you should
35	35	consult a legal aid office, a prosecuting attorney, or a private
36	36	attorney). If a family or household member assaults you and is
37	37	arrested, you may request that a magistrate's order for emergency
38	38	protection be issued. Please inform the investigating officer if
39	39	you want an order for emergency protection. You need not be
40	40	present when the order is issued. You cannot be charged a fee by a
41	41	court in connection with filing, serving, or entering a protective
42	42	order. For example, the court can enter an order that:
43	43	"(1) the abuser not commit further acts of violence;
44	44	"(2) the abuser not threaten, harass, or contact you at home;
45	45	"(3) directs the abuser to leave your household; and
46	46	"(4) establishes temporary custody of the children and
47	47	directs the abuser not to interfere with the children or any
48	48	property.
49	49	"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
50	50	PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
51	51	"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL
52	52	ORGANIZATIONS IF YOU NEED PROTECTION:
53	53	"____________________________
54	54	"____________________________."
55	55	SECTION 2. Article 15.17, Code of Criminal Procedure, is
56	56	amended by adding Subsection (h) to read as follows:
57	57	(h) Not later than 24 hours after the time a magistrate
58	58	determines that no probable cause exists to believe that a person
59	59	committed the offense for which the person was arrested, the
60	60	magistrate shall make oral or written findings of fact and
61	61	conclusions of law to support that finding.
62	62	SECTION 3. Article 17.021, Code of Criminal Procedure, is
63	63	amended by adding Subsection (h) to read as follows:
64	64	(h) The office shall, without cost to the county, allow a
65	65	county to integrate with the public safety report system the jail
66	66	records management system and case management system used by the
67	67	county.
68	68	SECTION 4. Article 17.022, Code of Criminal Procedure, is
69	69	amended by adding Subsection (g) to read as follows:
70	70	(g) In the manner described by this article, a magistrate
71	71	may order, prepare, or consider a public safety report in setting
72	72	bail for a defendant who is not in custody at the time the report is
73	73	ordered, prepared, or considered.
74	74	SECTION 5. The heading to Article 17.027, Code of Criminal
75	75	Procedure, is amended to read as follows:
76	76	Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
77	77	FELONY OFFENSE [COMMITTED WHILE ON BAIL].
78	78	SECTION 6. Article 17.027, Code of Criminal Procedure, is
79	79	amended by amending Subsection (a) and adding Subsections (a-1),
80	80	(a-2), (c), and (d) to read as follows:
81	81	(a) Notwithstanding any other law:
82	82	(1) if a defendant is charged with committing an
83	83	offense punishable as a felony while released on bail in a pending
84	84	case for another offense punishable as a felony and the subsequent
85	85	offense was committed in the same county as the previous offense,
86	86	the defendant may be released on bail only by:
87	87	(A) the court before whom the case for the
88	88	previous offense is pending; or
89	89	(B) another court designated in writing by the
90	90	court described by Paragraph (A); and
91	91	(2) if a defendant is charged with committing an
92	92	offense punishable as a felony while released on bail for another
93	93	pending offense punishable as a felony and the subsequent offense
94	94	was committed in a different county than the previous offense,
95	95	electronic notice of the charge must be [promptly] given to the
96	96	individual designated to receive electronic notices for the county
97	97	in which the previous offense was committed, not later than the next
98	98	business day after the date the defendant is charged, for purposes
99	99	of the court specified by Subdivision (1) [for purposes of
100	100	reevaluating the bail decision,] determining whether any bail
101	101	conditions were violated[,] or taking any other applicable action
102	102	such as an action described by Subsection (a-1).
103	103	(a-1) If a defendant is charged with committing an offense
104	104	punishable as a felony while released on bail in a pending case for
105	105	another offense punishable as a felony, the court before which the
106	106	case for the previous offense is pending shall consider whether to
107	107	revoke or modify the terms of the previous bond or to otherwise
108	108	reevaluate the previous bail decision.
109	109	(a-2) A criminal law hearing officer appointed under
110	110	Chapter 54, Government Code, may not make a bail decision regarding
111	111	a defendant who:
112	112	(1) is charged with committing an offense punishable
113	113	as a felony if the defendant:
114	114	(A) was on parole at the time of the offense;
115	115	(B) has previously been finally convicted of two
116	116	or more offenses punishable as a felony and for which the defendant
117	117	was imprisoned in the Texas Department of Criminal Justice; or
118	118	(C) is subject to an immigration detainer issued
119	119	by United States Immigration and Customs Enforcement; or
120	120	(2) is charged with committing an offense under the
121	121	following provisions of the Penal Code:
122	122	(A) Section 19.02 (murder);
123	123	(B) Section 19.03 (capital murder);
124	124	(C) Section 20.04 (aggravated kidnapping);
125	125	(D) Section 22.02 (aggravated assault); or
126	126	(E) Section 22.021 (aggravated sexual assault).
127	127	(c) The local administrative district judge for each county
128	128	shall designate an individual to receive electronic notices under
129	129	Subsection (a)(2). The county shall ensure that the name and
130	130	contact information of the individual designated to receive notices
131	131	under this subsection is:
132	132	(1) provided on all criminal history and warrant
133	133	documents issued by the county; and
134	134	(2) included in the public safety report system
135	135	developed under Article 17.021.
136	136	(d) An individual designated under Subsection (c) who
137	137	receives an electronic notice under Subsection (a) shall promptly
138	138	provide the notice to the court specified by Subsection (a)(1) and
139	139	to the attorney representing the state and the defendant's attorney
140	140	in the pending case for the offense for which the defendant was
141	141	initially released on bail. A notice provided under this subsection
142	142	does not constitute an ex parte communication.
143	143	SECTION 7. Articles 17.03(a) and (b-2), Code of Criminal
144	144	Procedure, are amended to read as follows:
145	145	(a) Except as otherwise provided by this chapter
146	146	[Subsection (b) or (b-1)], a magistrate may, in the magistrate's
147	147	discretion, release the defendant on personal bond without sureties
148	148	or other security.
149	149	(b-2) Except as provided by Articles 15.21, 17.033, and
150	150	17.151, a defendant may not be released on personal bond if the
151	151	defendant:
152	152	(1) is charged with:
153	153	(A) an offense involving violence; or
154	154	(B) an offense under:
155	155	(i) Section 481.1123, Health and Safety
156	156	Code (manufacture or delivery of substance in Penalty Group 1-B);
157	157	(ii) Section 25.07, Penal Code (violation
158	158	of certain court orders or conditions of bond in a family violence,
159	159	child abuse or neglect, sexual assault or abuse, indecent assault,
160	160	stalking, or trafficking case); or
161	161	(iii) Section 46.04(a), Penal Code
162	162	(unlawful possession of firearm); or
163	163	(2) while released on bail or community supervision
164	164	for an offense involving violence, is charged with committing:
165	165	(A) any offense punishable as a felony; or
166	166	(B) an offense under the following provisions of
167	167	the Penal Code:
168	168	(i) Section 22.01(a)(1) (assault);
169	169	(ii) Section 22.05 (deadly conduct);
170	170	(iii) Section 22.07 (terroristic threat);
171	171	or
172	172	(iv) Section 42.01(a)(7) or (8) (disorderly
173	173	conduct involving firearm).
174	174	SECTION 8. Chapter 17, Code of Criminal Procedure, is
175	175	amended by adding Article 17.034 to read as follows:
176	176	Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS
177	177	CHARGED WITH NONVIOLENT MISDEMEANORS. (a) In this article,
178	178	"nonviolent misdemeanor" means any offense punishable as a
179	179	misdemeanor, other than an offense punishable as a Class A or Class
180	180	B misdemeanor under the following provisions of the Penal Code:
181	181	(1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71;
182	182	(2) Section 49.04(d); or
183	183	(3) Section 49.06.
184	184	(b) This article applies only to a defendant who has not
185	185	previously been convicted of or placed on deferred adjudication
186	186	community supervision for an offense, other than a traffic offense
187	187	punishable by fine only.
188	188	(c) Notwithstanding Article 17.03(b), or a bond schedule
189	189	adopted or a standing order entered by a judge, a magistrate shall
190	190	release a defendant charged with a nonviolent misdemeanor on
191	191	personal bond unless the release on personal bond is otherwise
192	192	prohibited by law or the magistrate enters a finding on the record
193	193	that no conditions of release are sufficient to reasonably ensure:
194	194	(1) the defendant's appearance in court as required;
195	195	and
196	196	(2) the safety of the community, law enforcement, and
197	197	the victim of the alleged offense.
198	198	SECTION 9. Article 17.21, Code of Criminal Procedure, is
199	199	amended to read as follows:
200	200	Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when
201	201	the accused is in custody of the sheriff or other officer, and the
202	202	court before which the prosecution is pending is in session in the
203	203	county where the accused is in custody, the court shall fix the
204	204	amount of bail, if it is a bailable case and determine if the
205	205	accused is eligible for a personal bond; and the sheriff or other
206	206	peace officer, unless it be the police of a city, or a jailer
207	207	licensed under Chapter 1701, Occupations Code, is authorized to
208	208	take a bail bond of the accused in the amount as fixed by the court,
209	209	to be approved by such officer taking the same, and will thereupon
210	210	discharge the accused from custody. The defendant and the
211	211	defendant's sureties are not required to appear in court.
212	212	(b) Notwithstanding Subsection (a), a magistrate may not
213	213	release on bail a defendant charged with an offense punishable as a
214	214	felony unless:
215	215	(1) the defendant has appeared before the magistrate;
216	216	and
217	217	(2) the magistrate has considered the public safety
218	218	report prepared under Article 17.022 for the defendant.
219	219	SECTION 10. Article 44.01(a), Code of Criminal Procedure,
220	220	is amended to read as follows:
221	221	(a) The state is entitled to appeal an order of a court in a
222	222	criminal case if the order:
223	223	(1) dismisses an indictment, information, or
224	224	complaint or any portion of an indictment, information, or
225	225	complaint;
226	226	(2) arrests or modifies a judgment;
227	227	(3) grants a new trial;
228	228	(4) sustains a claim of former jeopardy;
229	229	(5) grants a motion to suppress evidence, a
230	230	confession, or an admission, if jeopardy has not attached in the
231	231	case and if the prosecuting attorney certifies to the trial court
232	232	that the appeal is not taken for the purpose of delay and that the
233	233	evidence, confession, or admission is of substantial importance in
234	234	the case; [or]
235	235	(6) is issued under Chapter 64; or
236	236	(7) grants bail, in an amount considered insufficient
237	237	by the prosecuting attorney, to a defendant who:
238	238	(A) is charged with an offense punishable as a
239	239	felony; and
240	240	(B) has previously been granted bail for a
241	241	pending offense punishable as a felony.
242	242	SECTION 11. Section 72.038, Government Code, is amended by
243	243	adding Subsection (b-1) to read as follows:
244	244	(b-1) A person who releases a defendant on bail under the
245	245	authority of a standing order related to bail shall complete the
246	246	form required under this section.
247	247	SECTION 12. The change in law made by this Act applies only
248	248	to a person who is arrested on or after the effective date of this
249	249	Act. A person arrested before the effective date of this Act is
250	250	governed by the law in effect on the date the person was arrested,
251	251	and the former law is continued in effect for that purpose.
252	252	SECTION 13. This Act takes effect September 1, 2023.