89R5019 LHC-F
By: Huffman S.B. No. 1047
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 victims of family violence, stalking,
harassment, or terroristic threat.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.021, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsection (h) to
read as follows:
(b) The public safety report system must:
(1) state the requirements for setting bail under
Article 17.15 and list each factor provided by Article 17.15(a);
(2) provide the defendant's name and date of birth or,
if impracticable, other identifying information, the cause number
of the case, if available, and the offense for which the defendant
was arrested;
(3) provide information on the eligibility of the
defendant for a personal bond;
(4) provide information regarding the applicability
of any required or discretionary bond conditions;
(5) provide, in summary form, the criminal history of
the defendant, including information regarding [any]:
(A) any previous misdemeanor or felony
convictions;
(B) any pending charges, including whether the
defendant is currently released on bail or other pretrial release
and any conditions of that release;
(C) any previous sentences imposing a term of
confinement;
(D) any previous convictions or pending charges
for:
(i) offenses that are offenses involving
violence as defined by Article 17.03; or
(ii) offenses involving violence directed
against a peace officer; [and]
(E) any previous failures of the defendant to
appear in court following release on bail;
(F) whether the defendant is currently on
community supervision, parole, or mandatory supervision for an
offense;
(G) any outstanding warrants for the defendant's
arrest, including a warrant issued under Article 42A.751 of this
code or Section 508.251, Government Code; and
(H) any current or previous protective orders, as
defined by Section 72.151, Government Code, for which the defendant
is the subject; and
(6) be designed to collect and maintain the
information provided on a bail form submitted under Section 72.038,
Government Code.
(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 2. Article 17.022, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsection (g) to
read as follows:
(a) A magistrate considering the release on bail of a
defendant charged with an offense punishable as a Class B
misdemeanor or any higher category of offense shall order that:
(1) the personal bond office established under Article
17.42 for the county in which the defendant is being detained, if a
personal bond office has been established for that county, or other
suitably trained person including judicial personnel or sheriff's
department personnel, use the public safety report system developed
under Article 17.021 to prepare a public safety report with respect
to the defendant; and
(2) the public safety report prepared under
Subdivision (1) be provided, as soon as practicable but not later
than 48 hours after the defendant's arrest, to the magistrate, the
attorney representing the state, and the clerk of the court in which
the case is pending [as soon as practicable but not later than 48
hours after the defendant's arrest].
(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 3. Article 17.027, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (a-1),
(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.
(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 are:
(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 4. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.029 to read as follows:
Art. 17.029. REVIEW OF BAIL DECISION. (a) This article
applies only to a magistrate of a court that does not have
jurisdiction to try the offense with which the defendant is
charged.
(b) Except as provided by Subsection (f), as soon as
practicable but not later than the next business day after the date
a magistrate described by Subsection (a) issues an order under
Article 17.028(a) for a defendant who is charged with an offense
punishable as a Class B misdemeanor or any higher category of
offense, the magistrate shall send the following to the clerk of
each court in the county with jurisdiction to try the offense:
(1) the order issued under Article 17.028(a) and a
description of any conditions of bond imposed on the defendant;
(2) the complaint charging the commission of the
offense; and
(3) the warrant of arrest, if applicable.
(c) The documents described by Subsection (b) may be sent by
any method that ensures transmission of a duplicate of the
original, including secure facsimile transmission or other secure
electronic means.
(d) An order described by Subsection (b) may, at the request
of the defendant or the attorney representing the state, be
reviewed and modified by:
(1) a court to which the order and information were
provided under Subsection (b); or
(2) another court designated in writing by a court
described by Subdivision (1).
(e) A court reviewing a bail decision under Subsection (d)
shall comply with Article 17.09 and shall consider the facts
presented and the rules established by Article 17.15(a) in setting
the defendant's bail.
(f) A magistrate is not required to transmit the order and
information as described by Subsection (b) if the commissioners
court of the county has adopted an alternative procedure to provide
for the review of a bail decision issued by a magistrate of a court
that does not have jurisdiction to try the offense with which the
defendant is charged.
SECTION 5. 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 6. Section 51A.003(b), Human Resources Code, is
amended to read as follows:
(b) The notice adopted under this section must include the
following in both English and Spanish:
(1) a statement that it is a criminal offense for any
person, including a member of the family or former member of the
family, to cause physical injury or harm to a victim or to engage in
conduct constituting stalking, harassment, or terroristic threat
toward a victim;
(2) a list of agencies and social organizations that
the victim may contact for assistance with safety planning,
shelter, or protection;
(3) contact information for:
(A) the National Domestic Violence Hotline;
(B) victim support services at the Department of
Public Safety; and
(C) the commission's family violence program;
and
(4) information regarding the legal rights of a
victim, including information regarding:
(A) the filing of criminal charges and obtaining
a protective order or a magistrate's order for emergency
protection; [and]
(B) the ability of a tenant who is a victim of
family violence to vacate a dwelling and terminate a residential
lease; and
(C) the ability of the victim to provide
information to the local prosecutor that will be helpful to a
magistrate setting bail if the person committing the offense is
arrested.
SECTION 7. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 8. This Act takes effect September 1, 2025.