Texas 2025 - 89th Regular

Texas House Bill HB1167 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R80 CS-D
2	2	By: Cunningham H.B. No. 1167
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the release on bail of certain defendants accused of
10	10	committing a felony offense and the criminal consequences of
11	11	committing a felony while released on bail for a prior felony;
12	12	creating a criminal offense; increasing the minimum term of
13	13	imprisonment for certain felonies; changing eligibility for
14	14	deferred adjudication community supervision, mandatory
15	15	supervision, and parole.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	ARTICLE 1. MINIMUM BAIL FOR CERTAIN FELONY OFFENDERS
18	18	SECTION 1.01. Article 17.028(m), Code of Criminal
19	19	Procedure, is amended to read as follows:
20	20	(m) Notwithstanding Subsection (a), a magistrate may make a
21	21	bail decision regarding a defendant who is charged only with a
22	22	misdemeanor punishable by fine only or a defendant who receives a
23	23	citation under Article 14.06(c) without considering the factor
24	24	required by Article 17.15(a)(7) [17.15(a)(6)].
25	25	SECTION 1.02. Article 17.03(a), Code of Criminal Procedure,
26	26	is amended to read as follows:
27	27	(a) Except as otherwise provided by this article
28	28	[Subsection (b) or (b-1)], a magistrate may, in the magistrate's
29	29	discretion, release the defendant on personal bond without sureties
30	30	or other security.
31	31	SECTION 1.03. Article 17.15(a), Code of Criminal Procedure,
32	32	is amended to read as follows:
33	33	(a) The amount of bail and any conditions of bail to be
34	34	required in any case in which the defendant has been arrested are to
35	35	be regulated by the court, judge, magistrate, or officer taking the
36	36	bail in accordance with Articles 17.20, 17.21, and 17.22 and are
37	37	governed by the Constitution and the following rules:
38	38	1. Bail and any conditions of bail shall be sufficient
39	39	to give reasonable assurance that the undertaking will be complied
40	40	with.
41	41	2. The power to require bail is not to be used to make
42	42	bail an instrument of oppression.
43	43	3. The nature of the offense and the circumstances
44	44	under which the offense was committed are to be considered,
45	45	including whether the offense:
46	46	(A) is an offense involving violence, as defined
47	47	by Article 17.03; or
48	48	(B) involves violence directed against a peace
49	49	officer.
50	50	4. The minimum amount of bail for an offense involving
51	51	violence, as defined by Article 17.03, that is punishable as a
52	52	felony of the second degree or any higher category of offense is:
53	53	(A) $5 million if the offense is a capital
54	54	offense;
55	55	(B) $3 million if the offense is a felony of the
56	56	first degree; and
57	57	(C) $2 million if the offense is a felony of the
58	58	second degree.
59	59	5. The ability to make bail shall be considered, and
60	60	proof may be taken on this point.
61	61	6 [5]. The future safety of a victim of the alleged
62	62	offense, law enforcement, and the community shall be considered.
63	63	7 [6]. The criminal history record information for the
64	64	defendant, including information obtained through the statewide
65	65	telecommunications system maintained by the Department of Public
66	66	Safety and through the public safety report system developed under
67	67	Article 17.021, shall be considered, including any acts of family
68	68	violence, other pending criminal charges, and any instances in
69	69	which the defendant failed to appear in court following release on
70	70	bail.
71	71	8 [7]. The citizenship status of the defendant shall
72	72	be considered.
73	73	SECTION 1.04. Article 17.20(c), Code of Criminal Procedure,
74	74	is amended to read as follows:
75	75	(c) Notwithstanding Subsection (b), a sheriff, peace
76	76	officer, or jailer may make a bail decision regarding a defendant
77	77	who is charged only with a misdemeanor punishable by fine only or a
78	78	defendant who receives a citation under Article 14.06(c) without
79	79	considering the factor required by Article 17.15(a)(7)
80	80	[17.15(a)(6)].
81	81	SECTION 1.05. Chapter 17, Code of Criminal Procedure, as
82	82	amended by this article, applies only to a person who is arrested on
83	83	or after December 1, 2025. A person arrested before December 1,
84	84	2025, is governed by the law in effect on the date the person was
85	85	arrested, and the former law is continued in effect for that
86	86	purpose.
87	87	ARTICLE 2. IMPROPER SETTING OF BAIL; LIABILITY; OFFENSE
88	88	SECTION 2.01. Title 5, Civil Practice and Remedies Code, is
89	89	amended by adding Chapter 108A to read as follows:
90	90	CHAPTER 108A. PUBLIC SERVANT LIABILITY
91	91	Sec. 108A.001. LIABILITY OF JUDGE OR MAGISTRATE FOR
92	92	IMPROPER SETTING OF BAIL. (a) A victim of an offense that was
93	93	committed while the person was released on bail, or the victim's
94	94	estate if the victim is deceased, may bring a cause of action
95	95	against the judge or magistrate who released the person on bail for
96	96	damages incurred as a result of the offense if:
97	97	(1) the offense for which the person was released on
98	98	bail is an offense involving violence, as defined by Article 17.03,
99	99	Code of Criminal Procedure, that is punishable as a felony of the
100	100	second degree or any higher category of offense; and
101	101	(2) the amount of bail set by the judge or magistrate
102	102	was less than the minimum amount required under Article
103	103	17.15(a)(4), Code of Criminal Procedure, for the offense.
104	104	(b) The amount of damages awarded in an action brought under
105	105	this section may not exceed $10 million.
106	106	(c) A judge or magistrate may not assert judicial immunity
107	107	or other forms of immunity as a defense to an action brought under
108	108	this section.
109	109	(d) Section 108.002 does not apply to an action brought
110	110	under this section.
111	111	SECTION 2.02. Subchapter C, Chapter 33, Government Code, is
112	112	amended by adding Section 33.052 to read as follows:
113	113	Sec. 33.052. IMPROPER SETTING OF BAIL OR RELEASE OF CERTAIN
114	114	DEFENDANTS; OFFENSE; REMOVAL. (a) A judge or magistrate commits an
115	115	offense if the judge or magistrate:
116	116	(1) sets bail for an offense involving violence, as
117	117	defined by Article 17.03, Code of Criminal Procedure, that is
118	118	punishable as a felony of the second degree or any higher category
119	119	of offense and the amount of the bail set by the judge or magistrate
120	120	is less than the minimum amount required under Article 17.15(a)(4),
121	121	Code of Criminal Procedure, for the offense; or
122	122	(2) releases on bail a defendant who is charged with
123	123	committing a felony while released on bail for a prior felony in
124	124	violation of Section 11d, Article I, Texas Constitution.
125	125	(b) Except as provided by Subsection (c), an offense under
126	126	this section is a misdemeanor punishable by a fine not to exceed
127	127	$4,000.
128	128	(c) An offense under this section is a misdemeanor
129	129	punishable by a fine not to exceed $10,000 if it is shown on the
130	130	trial of the offense that the defendant has been previously
131	131	convicted of an offense under this section.
132	132	SECTION 2.03. Sections 81.078(c) and (d), Government Code,
133	133	are amended to read as follows:
134	134	(c) On proof of final conviction of any felony involving
135	135	moral turpitude, an offense punishable under Section 33.052(c), or
136	136	any misdemeanor involving theft, embezzlement, or fraudulent
137	137	misappropriation of money or other property, the district court of
138	138	the county of the residence of the convicted attorney shall enter an
139	139	order disbarring the attorney.
140	140	(d) In an action to disbar any attorney for acts made the
141	141	basis of a conviction for a felony involving moral turpitude, an
142	142	offense punishable under Section 33.052(c), or a misdemeanor
143	143	involving theft, embezzlement, or fraudulent misappropriation of
144	144	money or other property, the record of conviction is conclusive
145	145	evidence of the guilt of the attorney for the crime of which he was
146	146	convicted.
147	147	SECTION 2.04. Chapter 108A, Civil Practice and Remedies
148	148	Code, as added by this article, applies only to a cause of action
149	149	that accrues on or after December 1, 2025.
150	150	ARTICLE 3. INCREASED PENALTIES FOR FELONY COMMITTED WHILE RELEASED
151	151	ON BAIL
152	152	SECTION 3.01. Article 42.01, Code of Criminal Procedure, is
153	153	amended by adding Section 17 to read as follows:
154	154	Sec. 17. In addition to the information described by
155	155	Section 1, the judgment must reflect affirmative findings entered
156	156	pursuant to Article 42.0195.
157	157	SECTION 3.02. Chapter 42, Code of Criminal Procedure, is
158	158	amended by adding Article 42.0195 to read as follows:
159	159	Art. 42.0195. FINDING REGARDING CERTAIN FELONY OFFENSES
160	160	COMMITTED WHILE ON BAIL. In the trial of an offense punishable as a
161	161	felony of the first, second, or third degree, on the motion of the
162	162	attorney representing the state the judge shall make an affirmative
163	163	finding of fact and enter the affirmative finding in the judgment in
164	164	the case if the judge determines that the offense was committed
165	165	while the defendant was released on bail for a prior felony for
166	166	which the defendant has been charged.
167	167	SECTION 3.03. Article 42A.102(b), Code of Criminal
168	168	Procedure, is amended to read as follows:
169	169	(b) In all other cases, the judge may grant deferred
170	170	adjudication community supervision unless:
171	171	(1) the defendant is charged with an offense:
172	172	(A) under Section 20A.02, 20A.03, 49.045, 49.05,
173	173	49.061, 49.065, 49.07, or 49.08, Penal Code;
174	174	(B) under Section 49.04 or 49.06, Penal Code,
175	175	and, at the time of the offense:
176	176	(i) the defendant held a commercial
177	177	driver's license or a commercial learner's permit; or
178	178	(ii) the defendant's alcohol concentration,
179	179	as defined by Section 49.01, Penal Code, was 0.15 or more;
180	180	(C) for which punishment may be increased under
181	181	Section 49.09, Penal Code;
182	182	(D) for which punishment may be increased under
183	183	Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it
184	184	is shown that the defendant has been previously convicted of an
185	185	offense for which punishment was increased under any one of those
186	186	subsections; [or]
187	187	(E) under Section 481.1123, Health and Safety
188	188	Code, that is punishable under Subsection (d), (e), or (f) of that
189	189	section; or
190	190	(F) punishable as a felony of the first, second,
191	191	or third degree, if it is shown that the defendant committed the
192	192	offense while the defendant was released on bail for a prior felony
193	193	for which the defendant has been charged;
194	194	(2) the defendant:
195	195	(A) is charged with an offense under Section
196	196	21.11, 22.011, 22.021, 43.04, or 43.05, Penal Code, regardless of
197	197	the age of the victim, or a felony described by Article 42A.453(b),
198	198	other than a felony described by Subdivision (1)(A) or (3)(B) of
199	199	this subsection; and
200	200	(B) has previously been placed on community
201	201	supervision for an offense under Paragraph (A);
202	202	(3) the defendant is charged with an offense under:
203	203	(A) Section 21.02, Penal Code; or
204	204	(B) Section 22.021, Penal Code, that is
205	205	punishable under Subsection (f) of that section or under Section
206	206	12.42(c)(3) or (4), Penal Code; or
207	207	(4) the defendant is charged with an offense under
208	208	Section 19.02, Penal Code, except that the judge may grant deferred
209	209	adjudication community supervision on determining that the
210	210	defendant did not cause the death of the deceased, did not intend to
211	211	kill the deceased or another, and did not anticipate that a human
212	212	life would be taken.
213	213	SECTION 3.04. Subchapter K, Chapter 42A, Code of Criminal
214	214	Procedure, is amended by adding Article 42A.518 to read as follows:
215	215	Art. 42A.518. COMMUNITY SUPERVISION FOR CERTAIN FELONY
216	216	OFFENSES COMMITTED WHILE ON BAIL. A court granting community
217	217	supervision to a defendant convicted of an offense for which the
218	218	court has made an affirmative finding under Article 42.0195 shall
219	219	require as a term of community supervision that the defendant serve
220	220	a term of imprisonment in the Texas Department of Criminal Justice
221	221	of not less than five years.
222	222	SECTION 3.05. Section 508.145, Government Code, is amended
223	223	by adding Subsection (e-1) to read as follows:
224	224	(e-1) Except as otherwise provided by this subsection, an
225	225	inmate serving a sentence for an offense for which the judgment
226	226	contains an affirmative finding under Article 42.0195, Code of
227	227	Criminal Procedure, is not eligible for release on parole until the
228	228	inmate's actual calendar time served, without consideration of good
229	229	conduct time, equals five calendar years, or until the date that the
230	230	inmate would otherwise be eligible for release on parole under
231	231	another provision of this section, whichever is later. This
232	232	subsection does not apply to an inmate who is ineligible for release
233	233	on parole pursuant to another provision of this section.
234	234	SECTION 3.06. Section 508.147, Government Code, is amended
235	235	by amending Subsection (a) and adding Subsection (a-1) to read as
236	236	follows:
237	237	(a) Except as provided by Subsection (a-1) and Section
238	238	508.149, a parole panel shall order the release of an inmate who is
239	239	not on parole to mandatory supervision when the actual calendar
240	240	time the inmate has served plus any accrued good conduct time equals
241	241	the term to which the inmate was sentenced.
242	242	(a-1) An inmate serving a sentence for an offense for which
243	243	the judgment contains an affirmative finding under Article 42.0195,
244	244	Code of Criminal Procedure, may not be released to mandatory
245	245	supervision unless:
246	246	(1) the inmate's actual calendar time served, without
247	247	consideration of good conduct time, equals at least five years; and
248	248	(2) the inmate is otherwise eligible for release under
249	249	Subsection (a).
250	250	SECTION 3.07. Subchapter D, Chapter 12, Penal Code, is
251	251	amended by adding Section 12.503 to read as follows:
252	252	Sec. 12.503. PENALTY FOR CERTAIN FELONY OFFENSES COMMITTED
253	253	WHILE ON BAIL. If an affirmative finding is made under Article
254	254	42.0195, Code of Criminal Procedure, in the trial of an offense, the
255	255	minimum term of imprisonment for the offense is increased to five
256	256	years unless another provision of law applicable to the offense
257	257	provides for a minimum term of imprisonment of five years or more.
258	258	SECTION 3.08. Chapters 42 and 42A, Code of Criminal
259	259	Procedure, as amended by this article, Sections 508.145 and
260	260	508.147, Government Code, as amended by this article, and Section
261	261	12.503, Penal Code, as added by this article, apply only to an
262	262	offense committed on or after September 1, 2025. An offense
263	263	committed before September 1, 2025, is governed by the law in effect
264	264	on the date the offense was committed, and the former law is
265	265	continued in effect for that purpose. For purposes of this section,
266	266	an offense was committed before September 1, 2025, if any element of
267	267	the offense occurred before that date.
268	268	ARTICLE 4. EFFECTIVE DATE
269	269	SECTION 4.01. (a) Except as provided by Subsection (b) of
270	270	this section, this Act takes effect September 1, 2025.
271	271	(b) Articles 1 and 2 of this Act take effect December 1,
272	272	2025, but only if the constitutional amendment proposed by the 89th
273	273	Legislature, Regular Session, 2025, authorizing the legislature to
274	274	set a minimum amount of monetary bond for persons charged with
275	275	certain felony offenses involving violence and requiring the denial
276	276	of bail to a person accused of committing a felony while released on
277	277	bail for a prior felony under most circumstances is approved by the
278	278	voters. If that amendment is not approved by the voters, Articles 1
279	279	and 2 of this Act have no effect.