Texas 2025 - 89th Regular

Texas House Bill HB3123 Compare Versions

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

Old	New	Differences
1	1	89R9964 CJD-F
2	2	By: Kitzman H.B. No. 3123
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of a personal bond or personal
10	10	bond and pretrial supervision office.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Article 17.42, Code of Criminal
13	13	Procedure, is amended to read as follows:
14	14	Art. 17.42. PERSONAL BOND OR PERSONAL BOND AND PRETRIAL
15	15	SUPERVISION OFFICE.
16	16	SECTION 2. Section 1, Article 17.42, Code of Criminal
17	17	Procedure, is amended to read as follows:
18	18	Sec. 1. Any county, or any judicial district with
19	19	jurisdiction in more than one county, with the approval of the
20	20	commissioners court of each county in the district, may establish a
21	21	personal bond or personal bond and pretrial supervision office to
22	22	gather and review information about an accused that may have a
23	23	bearing on whether the accused [he] will comply with the conditions
24	24	of a personal bond and report its findings to the court before which
25	25	the case is pending.
26	26	SECTION 3. Sections 4(a) and (b), Article 17.42, Code of
27	27	Criminal Procedure, are amended to read as follows:
28	28	(a) Except as otherwise provided by this subsection, if a
29	29	court releases an accused on personal bond on the recommendation of
30	30	a personal bond or personal bond and pretrial supervision office,
31	31	the court shall assess a personal bond reimbursement fee of $20 or
32	32	three percent of the amount of the bail fixed for the accused,
33	33	whichever is greater. The court may waive the fee or assess a
34	34	lesser fee if good cause is shown. A court that requires a
35	35	defendant to give a personal bond under Article 45A.107 may not
36	36	assess a personal bond reimbursement fee under this subsection.
37	37	(b) Reimbursement fees collected under this article may be
38	38	used solely to defray expenses of the personal bond or personal bond
39	39	and pretrial supervision office, including defraying the expenses
40	40	of extradition.
41	41	SECTION 4. Sections 5(a) and (c), Article 17.42, Code of
42	42	Criminal Procedure, are amended to read as follows:
43	43	(a) A personal bond or personal bond and pretrial
44	44	supervision [pretrial release] office established under this
45	45	article shall:
46	46	(1) prepare a record containing information about any
47	47	accused person identified by case number only who, after review by
48	48	the office, is released by a court on personal bond before
49	49	sentencing in a pending case;
50	50	(2) update the record on a monthly basis; and
51	51	(3) file a copy of the record with the district or
52	52	county clerk, as applicable based on court jurisdiction over the
53	53	categories of offenses addressed in the records, in any county
54	54	served by the office.
55	55	(c) This section does not apply to a personal bond or
56	56	personal bond and pretrial supervision [pretrial release] office
57	57	that on January 1, 1995, was operated by a community corrections and
58	58	supervision department.
59	59	SECTION 5. Sections 6(a) and (c), Article 17.42, Code of
60	60	Criminal Procedure, are amended to read as follows:
61	61	(a) Not later than April 1 of each year, a personal bond or
62	62	personal bond and pretrial supervision office established under
63	63	this article shall submit to the commissioners court or district
64	64	and county judges that established the office an annual report
65	65	containing information about the operations of the office during
66	66	the preceding year.
67	67	(c) This section does not apply to a personal bond or
68	68	personal bond and pretrial supervision [pretrial release] office
69	69	that on January 1, 1995, was operated by a community corrections and
70	70	supervision department.
71	71	SECTION 6. Article 17.42, Code of Criminal Procedure, is
72	72	amended by adding Sections 7 and 8 to read as follows:
73	73	Sec. 7. (a) The commissioners court of a county that
74	74	establishes a personal bond and pretrial supervision office or the
75	75	district and county judges of a judicial district that establishes
76	76	a personal bond and pretrial supervision office may direct the
77	77	office to provide the pretrial services a community supervision and
78	78	corrections department may provide under Section 76.011,
79	79	Government Code.
80	80	(b) Except as otherwise provided by this subsection,
81	81	programs operated by the office under Subsection (a) may include
82	82	reasonable conditions and monitoring related to the purpose of the
83	83	programs, including testing for controlled substances and alcohol
84	84	use. If this subsection conflicts with a more specific provision of
85	85	another law, the other law prevails.
86	86	(c) This section does not apply to a personal bond and
87	87	pretrial supervision office that on January 1, 1995, was operated
88	88	by a community corrections and supervision department.
89	89	Sec. 8. (a) The commissioners court of a county that
90	90	establishes a personal bond and pretrial supervision office or the
91	91	district and county judges of a judicial district that establishes
92	92	a personal bond and pretrial supervision office may, as part of the
93	93	court's or the judges' duties related to pretrial services, direct
94	94	the office to provide:
95	95	(1) indigent legal services monitoring, including:
96	96	(A) assisting defendants in filing applications
97	97	for indigent legal services;
98	98	(B) reviewing applications and documentation to
99	99	assist the court in determining eligibility for indigent legal
100	100	services; and
101	101	(C) coordinating with appointed attorneys to
102	102	ensure sufficient legal services are provided;
103	103	(2) pretrial rehabilitative services, including:
104	104	(A) determining what rehabilitative services are
105	105	available to a defendant;
106	106	(B) making recommendations to this state, to
107	107	defense counsel, and to the court on rehabilitative services; and
108	108	(C) monitoring the placement of defendants in
109	109	rehabilitative services;
110	110	(3) coordination of mental health services,
111	111	including:
112	112	(A) recommending mental health testing;
113	113	(B) assisting defense counsel in meeting mental
114	114	health testing requirements;
115	115	(C) monitoring compliance with mental health
116	116	testing dates; and
117	117	(D) assisting magistrates with mental health
118	118	orders and testing; and
119	119	(4) other services as are required to fulfill the
120	120	goals of pretrial bond supervision.
121	121	(b) This section does not apply to a personal bond and
122	122	pretrial supervision office that on January 1, 1995, was operated
123	123	by a community corrections and supervision department.
124	124	SECTION 7. Subchapter F, Chapter 411, Government Code, is
125	125	amended by adding Section 411.14105 to read as follows:
126	126	Sec. 411.14105. ACCESS TO CRIMINAL HISTORY RECORD
127	127	INFORMATION: PERSONAL BOND OR PERSONAL BOND AND PRETRIAL
128	128	SUPERVISION OFFICE. (a) In this section, "personal bond or
129	129	personal bond and pretrial supervision office" means an office
130	130	established under Article 17.42, Code of Criminal Procedure.
131	131	(b) The director of a personal bond or personal bond and
132	132	pretrial supervision office, or an employee of the office
133	133	authorized by the director, is entitled to obtain from the
134	134	department criminal history record information maintained by the
135	135	department that relates to a person who is being considered for
136	136	personal bond or is receiving services from the office.
137	137	(c) A person who obtains criminal history record
138	138	information under Subsection (b) may not release the information to
139	139	any person except to a judge or magistrate making a bond
140	140	determination, if the criminal history is relevant to that
141	141	determination.
142	142	(d) Notwithstanding Subsection (c), a person who obtains
143	143	criminal history record information under Subsection (b) may
144	144	disclose to the subject of the information, the attorney
145	145	representing the state, or the subject's defense attorney:
146	146	(1) the date and place of any arrest in the subject's
147	147	criminal history and the offense for which the subject was
148	148	arrested; and
149	149	(2) the associated dispositions.
150	150	(e) The department may not charge a fee for providing
151	151	criminal history record information under this section.
152	152	SECTION 8. This Act takes effect September 1, 2025.