88R30091 LHC-F
By: Huffman, et al. S.B. No. 1318
(Smith)
Substitute the following for S.B. No. 1318: No.
A BILL TO BE ENTITLED
AN ACT
relating to the release of defendants on bail, the duties of a
magistrate in certain criminal proceedings, and the notice provided
by peace officers to adult victims of family violence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 5.04(c), Code of Criminal Procedure, is
amended to read as follows:
(c) A written notice required by Subsection (b) of this
article is sufficient if it is in substantially the following form
with the required information in English and in Spanish inserted in
the notice:
"It is a crime for any person to cause you any physical injury
or harm EVEN IF THAT PERSON IS A MEMBER OR FORMER MEMBER OF YOUR
FAMILY OR HOUSEHOLD.
"NOTICE TO ADULT VICTIMS OF FAMILY VIOLENCE
"Please tell the investigating peace officer:
"IF you, your child, or any other household resident has been
injured; or
"IF you feel you are going to be in danger when the officer
leaves or later.
"You have the right to:
"ASK the local prosecutor to file a criminal complaint
against the person committing family violence;
"PROVIDE information to the local prosecutor that will be
helpful to a magistrate setting bail if the person committing
family violence is arrested; and
"APPLY to a court for an order to protect you (you should
consult a legal aid office, a prosecuting attorney, or a private
attorney). If a family or household member assaults you and is
arrested, you may request that a magistrate's order for emergency
protection be issued. Please inform the investigating officer if
you want an order for emergency protection. You need not be
present when the order is issued. You cannot be charged a fee by a
court in connection with filing, serving, or entering a protective
order. For example, the court can enter an order that:
"(1) the abuser not commit further acts of violence;
"(2) the abuser not threaten, harass, or contact you at home;
"(3) directs the abuser to leave your household; and
"(4) establishes temporary custody of the children and
directs the abuser not to interfere with the children or any
property.
"A VIOLATION OF CERTAIN PROVISIONS OF COURT-ORDERED
PROTECTION (such as (1) and (2) above) MAY BE A FELONY.
"CALL THE FOLLOWING VIOLENCE SHELTERS OR SOCIAL
ORGANIZATIONS IF YOU NEED PROTECTION:
"____________________________
"____________________________."
SECTION 2. Article 15.17, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) Not later than 24 hours after the time a magistrate
determines that no probable cause exists to believe that a person
committed the offense for which the person was arrested, the
magistrate shall make oral or written findings of fact and
conclusions of law to support that finding.
SECTION 3. Article 17.021, Code of Criminal Procedure, is
amended by adding Subsection (h) to read as follows:
(h) The office shall, without cost to the county, allow a
county to integrate with the public safety report system the jail
records management system and case management system used by the
county.
SECTION 4. Article 17.022, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) In the manner described by this article, a magistrate
may order, prepare, or consider a public safety report in setting
bail for a defendant who is not in custody at the time the report is
ordered, prepared, or considered.
SECTION 5. The heading to Article 17.027, Code of Criminal
Procedure, is amended to read as follows:
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
FELONY OFFENSE [COMMITTED WHILE ON BAIL].
SECTION 6. Article 17.027, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), (c), and (d) to read as follows:
(a) Notwithstanding any other law:
(1) if a defendant is charged with committing an
offense punishable as a felony while released on bail in a pending
case for another offense punishable as a felony and the subsequent
offense was committed in the same county as the previous offense,
the defendant may be released on bail only by:
(A) the court before whom the case for the
previous offense is pending; or
(B) another court designated in writing by the
court described by Paragraph (A); and
(2) if a defendant is charged with committing an
offense punishable as a felony while released on bail for another
pending offense punishable as a felony and the subsequent offense
was committed in a different county than the previous offense,
electronic notice of the charge must be [promptly] given to the
individual designated to receive electronic notices for the county
in which the previous offense was committed, not later than the next
business day after the date the defendant is charged, for purposes
of the court specified by Subdivision (1) [for purposes of
reevaluating the bail decision,] determining whether any bail
conditions were violated[,] or taking any other applicable action
such as an action described by Subsection (a-1).
(a-1) If a defendant is charged with committing an offense
punishable as a felony while released on bail in a pending case for
another offense punishable as a felony, the court before which the
case for the previous offense is pending shall consider whether to
revoke or modify the terms of the previous bond or to otherwise
reevaluate the previous bail decision.
(a-2) A criminal law hearing officer appointed under
Chapter 54, Government Code, may not make a bail decision regarding
a defendant who:
(1) is charged with committing an offense punishable
as a felony if the defendant:
(A) was on parole at the time of the offense;
(B) has previously been finally convicted of two
or more offenses punishable as a felony and for which the defendant
was imprisoned in the Texas Department of Criminal Justice; or
(C) is subject to an immigration detainer issued
by United States Immigration and Customs Enforcement; or
(2) is charged with committing an offense under the
following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping);
(D) Section 22.02 (aggravated assault); or
(E) Section 22.021 (aggravated sexual assault).
(c) The local administrative district judge for each county
shall designate an individual to receive electronic notices under
Subsection (a)(2). The county shall ensure that the name and
contact information of the individual designated to receive notices
under this subsection is:
(1) provided on all criminal history and warrant
documents issued by the county; and
(2) included in the public safety report system
developed under Article 17.021.
(d) An individual designated under Subsection (c) who
receives an electronic notice under Subsection (a) shall promptly
provide the notice to the court specified by Subsection (a)(1) and
to the attorney representing the state and the defendant's attorney
in the pending case for the offense for which the defendant was
initially released on bail. A notice provided under this subsection
does not constitute an ex parte communication.
SECTION 7. Articles 17.03(a) and (b-2), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by this chapter
[Subsection (b) or (b-1)], a magistrate may, in the magistrate's
discretion, release the defendant on personal bond without sureties
or other security.
(b-2) Except as provided by Articles 15.21, 17.033, and
17.151, a defendant may not be released on personal bond if the
defendant:
(1) is charged with:
(A) an offense involving violence; or
(B) an offense under:
(i) Section 481.1123, Health and Safety
Code (manufacture or delivery of substance in Penalty Group 1-B);
(ii) Section 25.07, Penal Code (violation
of certain court orders or conditions of bond in a family violence,
child abuse or neglect, sexual assault or abuse, indecent assault,
stalking, or trafficking case); or
(iii) Section 46.04(a), Penal Code
(unlawful possession of firearm); or
(2) while released on bail or community supervision
for an offense involving violence, is charged with committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic threat);
or
(iv) Section 42.01(a)(7) or (8) (disorderly
conduct involving firearm).
SECTION 8. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.034 to read as follows:
Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS
CHARGED WITH NONVIOLENT MISDEMEANORS. (a) In this article,
"nonviolent misdemeanor" means any offense punishable as a
misdemeanor, other than an offense punishable as a Class A or Class
B misdemeanor under the following provisions of the Penal Code:
(1) Chapter 20, 21, 22, 25, 42, 43, 46, or 71;
(2) Section 49.04(d); or
(3) Section 49.06.
(b) This article applies only to a defendant who has not
previously been convicted of or placed on deferred adjudication
community supervision for an offense, other than a traffic offense
punishable by fine only.
(c) Notwithstanding Article 17.03(b), or a bond schedule
adopted or a standing order entered by a judge, a magistrate shall
release a defendant charged with a nonviolent misdemeanor on
personal bond unless the release on personal bond is otherwise
prohibited by law or the magistrate enters a finding on the record
that no conditions of release are sufficient to reasonably ensure:
(1) the defendant's appearance in court as required;
and
(2) the safety of the community, law enforcement, and
the victim of the alleged offense.
SECTION 9. Article 17.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when
the accused is in custody of the sheriff or other officer, and the
court before which the prosecution is pending is in session in the
county where the accused is in custody, the court shall fix the
amount of bail, if it is a bailable case and determine if the
accused is eligible for a personal bond; and the sheriff or other
peace officer, unless it be the police of a city, or a jailer
licensed under Chapter 1701, Occupations Code, is authorized to
take a bail bond of the accused in the amount as fixed by the court,
to be approved by such officer taking the same, and will thereupon
discharge the accused from custody. The defendant and the
defendant's sureties are not required to appear in court.
(b) Notwithstanding Subsection (a), a magistrate may not
release on bail a defendant charged with an offense punishable as a
felony unless:
(1) the defendant has appeared before the magistrate;
and
(2) the magistrate has considered the public safety
report prepared under Article 17.022 for the defendant.
SECTION 10. Article 44.01(a), Code of Criminal Procedure,
is amended to read as follows:
(a) The state is entitled to appeal an order of a court in a
criminal case if the order:
(1) dismisses an indictment, information, or
complaint or any portion of an indictment, information, or
complaint;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy;
(5) grants a motion to suppress evidence, a
confession, or an admission, if jeopardy has not attached in the
case and if the prosecuting attorney certifies to the trial court
that the appeal is not taken for the purpose of delay and that the
evidence, confession, or admission is of substantial importance in
the case; [or]
(6) is issued under Chapter 64; or
(7) grants bail, in an amount considered insufficient
by the prosecuting attorney, to a defendant who:
(A) is charged with an offense punishable as a
felony; and
(B) has previously been granted bail for a
pending offense punishable as a felony.
SECTION 11. Section 72.038, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) A person who releases a defendant on bail under the
authority of a standing order related to bail shall complete the
form required under this section.
SECTION 12. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2023.