S.B. No. 6
 
 
 
 
AN ACT
  relating to rules for setting the amount of bail, to the release of
  certain defendants on a monetary bond or personal bond, to related
  duties of certain officers taking bail bonds and of a magistrate in
  a criminal case, to charitable bail organizations, and to the
  reporting of information pertaining to bail bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Damon Allen Act.
         SECTION 2.  Article 1.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 1.07.  RIGHT TO BAIL.  Any person [All prisoners] shall
  be eligible for bail [bailable] unless denial of bail is expressly
  permitted by the Texas Constitution or by other law [for capital
  offenses when the proof is evident].  This provision may [shall] not
  be [so] construed [as] to prevent bail after indictment found upon
  examination of the evidence, in such manner as may be prescribed by
  law.
         SECTION 3.  Article 15.17(a), Code of Criminal Procedure, is
  amended to read as follows:
         (a)  In each case enumerated in this Code, the person making
  the arrest or the person having custody of the person arrested shall
  without unnecessary delay, but not later than 48 hours after the
  person is arrested, take the person arrested or have him taken
  before some magistrate of the county where the accused was arrested
  or, to provide more expeditiously to the person arrested the
  warnings described by this article, before a magistrate in any
  other county of this state. The arrested person may be taken before
  the magistrate in person or the image of the arrested person may be
  presented to the magistrate by means of a videoconference. The
  magistrate shall inform in clear language the person arrested,
  either in person or through a videoconference, of the accusation
  against him and of any affidavit filed therewith, of his right to
  retain counsel, of his right to remain silent, of his right to have
  an attorney present during any interview with peace officers or
  attorneys representing the state, of his right to terminate the
  interview at any time, and of his right to have an examining trial.
  The magistrate shall also inform the person arrested of the
  person's right to request the appointment of counsel if the person
  cannot afford counsel. The magistrate shall inform the person
  arrested of the procedures for requesting appointment of counsel.
  If applicable, the magistrate shall inform the person that the
  person may file the affidavit described by Article 17.028(f). If
  the person does not speak and understand the English language or is
  deaf, the magistrate shall inform the person in a manner consistent
  with Articles 38.30 and 38.31, as appropriate. The magistrate
  shall ensure that reasonable assistance in completing the necessary
  forms for requesting appointment of counsel is provided to the
  person at the same time. If the person arrested is indigent and
  requests appointment of counsel and if the magistrate is authorized
  under Article 26.04 to appoint counsel for indigent defendants in
  the county, the magistrate shall appoint counsel in accordance with
  Article 1.051. If the magistrate is not authorized to appoint
  counsel, the magistrate shall without unnecessary delay, but not
  later than 24 hours after the person arrested requests appointment
  of counsel, transmit, or cause to be transmitted to the court or to
  the courts' designee authorized under Article 26.04 to appoint
  counsel in the county, the forms requesting the appointment of
  counsel. The magistrate shall also inform the person arrested that
  he is not required to make a statement and that any statement made
  by him may be used against him. The magistrate shall allow the
  person arrested reasonable time and opportunity to consult counsel
  and shall, after determining whether the person is currently on
  bail for a separate criminal offense and whether the bail decision
  is subject to Article 17.027, admit the person arrested to bail if
  allowed by law. A record of the communication between the arrested
  person and the magistrate shall be made. The record shall be
  preserved until the earlier of the following dates: (1) the date on
  which the pretrial hearing ends; or (2) the 91st day after the date
  on which the record is made if the person is charged with a
  misdemeanor or the 120th day after the date on which the record is
  made if the person is charged with a felony. For purposes of this
  subsection, "videoconference" means a two-way electronic
  communication of image and sound between the arrested person and
  the magistrate and includes secure Internet videoconferencing.
         SECTION 4.  Article 17.02, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.02.  DEFINITION OF "BAIL BOND". A "bail bond" is a
  written undertaking entered into by the defendant and the
  defendant's sureties for the appearance of the principal therein
  before a court or magistrate to answer a criminal accusation;
  provided, however, that the defendant on execution of the bail bond
  may deposit with the custodian of funds of the court in which the
  prosecution is pending current money of the United States in the
  amount of the bond in lieu of having sureties signing the same. Any
  cash funds deposited under this article shall be receipted for by
  the officer receiving the funds and, on order of the court, be
  refunded in the amount shown on the face of the receipt less the
  administrative fee authorized by Section 117.055, Local Government
  Code, if applicable, after the defendant complies with the
  conditions of the defendant's bond, to:
               (1)  any person in the name of whom a receipt was
  issued, including the defendant if a receipt was issued to the
  defendant; or
               (2)  the defendant, if no other person is able to
  produce a receipt for the funds.
         SECTION 5.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
  and 17.028 to read as follows:
         Art. 17.021.  PUBLIC SAFETY REPORT SYSTEM. (a) The Office
  of Court Administration of the Texas Judicial System shall develop
  and maintain a public safety report system that is available for use
  for purposes of Article 17.15.
         (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)  previous misdemeanor or felony convictions;
                     (B)  pending charges;
                     (C)  previous sentences imposing a term of
  confinement;
                     (D)  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)  previous failures of the defendant to appear
  in court following release on bail; and
               (6)  be designed to collect and maintain the
  information provided on a bail form submitted under Section 72.038,
  Government Code.
         (c)  The office shall provide access to the public safety
  report system to the appropriate officials in each county and each
  municipality at no cost. This subsection may not be construed to
  require the office to provide an official or magistrate with any
  equipment or support related to accessing or using the public
  safety report system.
         (d)  The public safety report system may not:
               (1)  be the only item relied on by a judge or magistrate
  in making a bail decision;
               (2)  include a score, rating, or assessment of a
  defendant's risk or make any recommendation regarding the
  appropriate bail for the defendant; or
               (3)  include any information other than the information
  listed in Subsection (b).
         (e)  The office shall use the information maintained under
  Subsection (b)(6) to collect data from the preceding state fiscal
  year regarding the number of defendants for whom bail was set after
  arrest, including:
               (1)  the number for each category of offense;
               (2)  the number of personal bonds; and
               (3)  the number of monetary bonds.
         (f)  Not later than December 1 of each year, the office shall
  submit a report containing the data described by Subsection (e) to
  the governor, lieutenant governor, speaker of the house of
  representatives, and presiding officers of the standing committees
  of each house of the legislature with primary jurisdiction over the
  judiciary.
         (g)  The Department of Public Safety shall assist the office
  in implementing the public safety report system established under
  this article and shall provide criminal history record information
  to the office in the electronic form necessary for the office to
  implement this article. 
         (h)  Any contract for goods or services between the office
  and a vendor that may be necessary or appropriate to develop the
  public safety report system is exempt from the requirements of
  Subtitle D, Title 10, Government Code. This subsection expires
  September 1, 2022.
         Art. 17.022.  PUBLIC SAFETY REPORT. (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 to the magistrate as soon as
  practicable but not later than 48 hours after the defendant's
  arrest.
         (b)  A magistrate may not, without the consent of the
  sheriff, order a sheriff or sheriff's department personnel to
  prepare a public safety report under this article.
         (c)  Notwithstanding Subsection (a), a magistrate may
  personally prepare a public safety report, before or while making a
  bail decision, using the public safety report system developed
  under Article 17.021.
         (d)  The magistrate shall:
               (1)  consider the public safety report before setting
  bail; and
               (2)  promptly but not later than 72 hours after the time
  bail is set, submit the bail form described by Section 72.038,
  Government Code, in accordance with that section.
         (e)  In the manner described by this article, a magistrate
  may, but is not required to, order, prepare, or consider a public
  safety report in setting bail for a defendant charged only with a
  misdemeanor punishable by fine only or a defendant who receives a
  citation under Article 14.06(c). If ordered, the report shall be
  prepared for the time and place for an appearance as indicated in
  the citation.
         (f)  A magistrate may set bail for a defendant charged only
  with an offense punishable as a misdemeanor without ordering,
  preparing, or considering a public safety report if the public
  safety report system is unavailable for longer than 12 hours due to
  a technical failure at the Office of Court Administration of the
  Texas Judicial System.
         Art. 17.023.  AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
  (a) This article applies only to a defendant charged with an
  offense that is:
               (1)  punishable as a felony; or
               (2)  a misdemeanor punishable by confinement.
         (b)  Notwithstanding any other law, a defendant to whom this
  article applies may be released on bail only by a magistrate who is:
               (1)  any of the following:
                     (A)  a resident of this state;
                     (B)  a justice of the peace serving under Section
  27.054 or 27.055, Government Code; or
                     (C)  a judge or justice serving under Chapter 74,
  Government Code; and
               (2)  in compliance with the training requirements of
  Article 17.024.
         (c)  A magistrate is not eligible to release on bail a
  defendant described by Subsection (a) if the magistrate:
               (1)  has been removed from office by impeachment, by
  the supreme court, by the governor on address to the legislature, by
  a tribunal reviewing a recommendation of the State Commission on
  Judicial Conduct, or by the legislature's abolition of the
  magistrate's court; or
               (2)  has resigned from office after having received
  notice that formal proceedings by the State Commission on Judicial
  Conduct have been instituted as provided by Section 33.022,
  Government Code, and before final disposition of the proceedings.
         Art. 17.024.  TRAINING ON DUTIES REGARDING BAIL. (a) The
  Office of Court Administration of the Texas Judicial System shall,
  in consultation with the court of criminal appeals, develop or
  approve training courses regarding a magistrate's duties,
  including duties with respect to setting bail in criminal cases.
  The courses developed must include:
               (1)  an eight-hour initial training course that
  includes the content of the applicable training course described by
  Article 17.0501; and
               (2)  a two-hour continuing education course.
         (b)  The office shall provide for a method of certifying that
  a magistrate has successfully completed a training course required
  under this article and has demonstrated competency of the course
  content in a manner acceptable to the office.
         (c)  A magistrate is in compliance with the training
  requirements of this article if:
               (1)  not later than the 90th day after the date the
  magistrate takes office, the magistrate successfully completes the
  course described by Subsection (a)(1);
               (2)  the magistrate successfully completes the course
  described by Subsection (a)(2) in each subsequent state fiscal
  biennium in which the magistrate serves; and
               (3)  the magistrate demonstrates competency as
  provided by Subsection (b).
         (c-1)  Notwithstanding Subsection (c), a magistrate who is
  serving on April 1, 2022, is considered to be in compliance with
  Subsection (c)(1) if the magistrate successfully completes the
  training course not later than December 1, 2022. This subsection
  expires May 1, 2023.
         (d)  Any course developed or approved by the office under
  this article may be administered by the Texas Justice Court
  Training Center, the Texas Municipal Courts Education Center, the
  Texas Association of Counties, the Texas Center for the Judiciary,
  or a similar entity.
         Art. 17.027.  RELEASE ON BAIL OF DEFENDANT CHARGED WITH
  FELONY OFFENSE COMMITTED WHILE ON BAIL. (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 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.
         (b)  This article may not be construed to extend any deadline
  provided by Article 15.17.
         Art. 17.028.  BAIL DECISION. (a) Without unnecessary delay
  but not later than 48 hours after a defendant is arrested, a
  magistrate shall order, after individualized consideration of all
  circumstances and of the factors required by Article 17.15(a), that
  the defendant be:
               (1)  granted personal bond with or without conditions;
               (2)  granted surety or cash bond with or without
  conditions; or
               (3)  denied bail in accordance with the Texas
  Constitution and other law.
         (b)  In setting bail under this article, the magistrate shall
  impose the least restrictive conditions, if any, and the personal
  bond or cash or surety bond necessary to reasonably ensure the
  defendant's appearance in court as required and the safety of the
  community, law enforcement, and the victim of the alleged offense.
         (c)  In each criminal case, unless specifically provided by
  other law, there is a rebuttable presumption that bail, conditions
  of release, or both bail and conditions of release are sufficient to
  reasonably ensure the defendant's appearance in court as required
  and the safety of the community, law enforcement, and the victim of
  the alleged offense.
         (c-1)  Subsections (b) and (c) may not be construed as
  requiring the court to hold an evidentiary hearing that is not
  required by other law.
         (d)  A judge may not adopt a bail schedule or enter a standing
  order related to bail that:
               (1)  is inconsistent with this article; or
               (2)  authorizes a magistrate to make a bail decision
  for a defendant without considering each of the factors in Article
  17.15(a).
         (e)  A defendant who is denied bail or who is unable to give
  bail in the amount required by any bail schedule or standing order
  related to bail shall be provided with the warnings described by
  Article 15.17.
         (f)  A defendant who is charged with an offense punishable as
  a Class B misdemeanor or any higher category of offense and who is
  unable to give bail in the amount required by a schedule or order
  described by Subsection (e), other than a defendant who is denied
  bail, shall be provided with the opportunity to file with the
  applicable magistrate a sworn affidavit in substantially the
  following form:
         "On this ___ day of _____, 2____, I have been advised by
  ________ (name of the court or magistrate, as applicable) of the
  importance of providing true and complete information about my
  financial situation in connection with the charge pending against
  me.  I am without means to pay ______ and I hereby request that an
  appropriate bail be set. (signature of defendant)."
         (g)  A defendant filing an affidavit under Subsection (f)
  shall complete a form to allow a magistrate to assess information
  relevant to the defendant's financial situation. The form must be
  the form used to request appointment of counsel under Article 26.04
  or a form promulgated by the Office of Court Administration of the
  Texas Judicial System that collects, at a minimum and to the best of
  the defendant's knowledge, the information a court may consider
  under Article 26.04(m).
         (g-1)  The magistrate making the bail decision under
  Subsection (a) shall, if applicable:
               (1)  inform the defendant of the defendant's right to
  file an affidavit under Subsection (f); and
               (2)  ensure that the defendant receives reasonable
  assistance in completing the affidavit described by Subsection (f)
  and the form described by Subsection (g).
         (h)  A defendant described by Subsection (f) may file an
  affidavit under Subsection (f) at any time before or during the bail
  proceeding under Subsection (a). A defendant who files an
  affidavit under Subsection (f) is entitled to a prompt review by the
  magistrate on the bail amount.  The review may be conducted by the
  magistrate making the bail decision under Subsection (a) or may
  occur as a separate pretrial proceeding. The magistrate shall
  consider the facts presented and the rules established by Article
  17.15(a) and shall set the defendant's bail. If the magistrate does
  not set the defendant's bail in an amount below the amount required
  by the schedule or order described by Subsection (e), the
  magistrate shall issue written findings of fact supporting the bail
  decision.
         (i)  The judges of the courts trying criminal cases and other
  magistrates in a county must report to the Office of Court
  Administration of the Texas Judicial System each defendant for whom
  a review under Subsection (h) was not held within 48 hours of the
  defendant's arrest. If a delay occurs that will cause the review
  under Subsection (h) to be held later than 48 hours after the
  defendant's arrest, the magistrate or an employee of the court or of
  the county in which the defendant is confined must provide notice of
  the delay to the defendant's counsel or to the defendant, if the
  defendant does not have counsel.
         (j)  The magistrate may enter an order or take other action
  authorized by Article 16.22 with respect to a defendant who does not
  appear capable of executing an affidavit under Subsection (f).
         (k)  This article may not be construed to require the filing
  of an affidavit before a magistrate considers the defendant's
  ability to make bail under Article 17.15.
         (l)  A written or oral statement obtained under this article
  or evidence derived from the statement may be used only to determine
  whether the defendant is indigent, to impeach the direct testimony
  of the defendant, or to prosecute the defendant for an offense under
  Chapter 37, Penal Code.
         (m)  Notwithstanding Subsection (a), a magistrate may make a
  bail decision regarding a defendant who is charged only with a
  misdemeanor punishable by fine only or a defendant who receives a
  citation under Article 14.06(c) without considering the factor
  required by Article 17.15(a)(6).
         SECTION 6.  (a)  Article 17.03, Code of Criminal Procedure,
  as effective September 1, 2021, is amended by amending Subsection
  (b) and adding Subsections (b-2) and (b-3) to read as follows:
         (b)  Only the court before whom the case is pending may
  release on personal bond a defendant who:
               (1)  is charged with an offense under the following
  sections of the Penal Code:
                     (A)  [Section 19.03 (Capital Murder);
                     [(B)  Section 20.04 (Aggravated Kidnapping);
                     [(C)  Section 22.021 (Aggravated Sexual Assault);
                     [(D)  Section 22.03 (Deadly Assault on Law
  Enforcement or Corrections Officer, Member or Employee of Board of
  Pardons and Paroles, or Court Participant);
                     [(E)  Section 22.04 (Injury to a Child, Elderly
  Individual, or Disabled Individual);
                     [(F)  Section 29.03 (Aggravated Robbery);
                     [(G)]  Section 30.02 (Burglary); or
                     (B) [(H)]  Section 71.02 (Engaging in Organized
  Criminal Activity);
                     [(I)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Disabled Individual); or
                     [(J)  Section 20A.03 (Continuous Trafficking of
  Persons);]
               (2)  is charged with a felony under Chapter 481, Health
  and Safety Code, or Section 485.033, Health and Safety Code,
  punishable by imprisonment for a minimum term or by a maximum fine
  that is more than a minimum term or maximum fine for a first degree
  felony; or
               (3)  does not submit to testing for the presence of a
  controlled substance in the defendant's body as requested by the
  court or magistrate under Subsection (c) of this article or submits
  to testing and the test shows evidence of the presence of a
  controlled substance in the defendant's body.
         (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 an offense involving violence; 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).
         (b-3)  In this article:
               (1)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (2)  "Offense involving violence" means an offense
  under the following provisions of the Penal Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 20.03 (kidnapping);
                     (D)  Section 20.04 (aggravated kidnapping);
                     (E)  Section 20A.02 (trafficking of persons);
                     (F)  Section 20A.03 (continuous trafficking of
  persons);
                     (G)  Section 21.02 (continuous sexual abuse of
  young child or disabled individual);
                     (H)  Section 21.11 (indecency with a child);
                     (I)  Section 22.01(a)(1) (assault), if the
  offense is:
                           (i)  punishable as a felony of the second
  degree under Subsection (b-2) of that section; or
                           (ii)  punishable as a felony and involved
  family violence as defined by Section 71.004, Family Code;
                     (J)  Section 22.011 (sexual assault);
                     (K)  Section 22.02 (aggravated assault);
                     (L)  Section 22.021 (aggravated sexual assault);
                     (M)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (N)  Section 25.072 (repeated violation of
  certain court orders or conditions of bond in family violence,
  child abuse or neglect, sexual assault or abuse, indecent assault,
  stalking, or trafficking case);
                     (O)  Section 25.11 (continuous violence against
  the family);
                     (P)  Section 29.03 (aggravated robbery);
                     (Q)  Section 38.14 (taking or attempting to take
  weapon from peace officer, federal special investigator, employee
  or official of correctional facility, parole officer, community
  supervision and corrections department officer, or commissioned
  security officer);
                     (R)  Section 43.04 (aggravated promotion of
  prostitution), if the defendant is not alleged to have engaged in
  conduct constituting an offense under Section 43.02(a);
                     (S)  Section 43.05 (compelling prostitution); or
                     (T)  Section 43.25 (sexual performance by a
  child).
         (b)  This section takes effect on the 91st day after the last
  day of the legislative session if this Act does not receive a vote
  of two-thirds of all the members elected to each house, as provided
  by Section 39, Article III, Texas Constitution. If this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution,
  this section has no effect.
         SECTION 7.  (a) Article 17.03, Code of Criminal Procedure,
  is amended by amending Subsection (b) and adding Subsections (b-2)
  and (b-3) to read as follows:
         (b)  Only the court before whom the case is pending may
  release on personal bond a defendant who:
               (1)  is charged with an offense under the following
  sections of the Penal Code:
                     (A)  [Section 19.03 (Capital Murder);
                     [(B)  Section 20.04 (Aggravated Kidnapping);
                     [(C)  Section 22.021 (Aggravated Sexual Assault);
                     [(D)  Section 22.03 (Deadly Assault on Law
  Enforcement or Corrections Officer, Member or Employee of Board of
  Pardons and Paroles, or Court Participant);
                     [(E)  Section 22.04 (Injury to a Child, Elderly
  Individual, or Disabled Individual);
                     [(F)  Section 29.03 (Aggravated Robbery);
                     [(G)]  Section 30.02 (Burglary); or
                     (B) [(H)]  Section 71.02 (Engaging in Organized
  Criminal Activity);
                     [(I)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Children); or
                     [(J)  Section 20A.03 (Continuous Trafficking of
  Persons);]
               (2)  is charged with a felony under Chapter 481, Health
  and Safety Code, or Section 485.033, Health and Safety Code,
  punishable by imprisonment for a minimum term or by a maximum fine
  that is more than a minimum term or maximum fine for a first degree
  felony; or
               (3)  does not submit to testing for the presence of a
  controlled substance in the defendant's body as requested by the
  court or magistrate under Subsection (c) of this article or submits
  to testing and the test shows evidence of the presence of a
  controlled substance in the defendant's body.
         (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 an offense involving violence; 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).
         (b-3)  In this article:
               (1)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (2)  "Offense involving violence" means an offense
  under the following provisions of the Penal Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 20.03 (kidnapping);
                     (D)  Section 20.04 (aggravated kidnapping);
                     (E)  Section 20A.02 (trafficking of persons);
                     (F)  Section 20A.03 (continuous trafficking of
  persons);
                     (G)  Section 21.02 (continuous sexual abuse of
  young child or children);
                     (H)  Section 21.11 (indecency with a child);
                     (I)  Section 22.01(a)(1) (assault), if the
  offense is:
                           (i)  punishable as a felony of the second
  degree under Subsection (b-2) of that section; or
                           (ii)  punishable as a felony and involved
  family violence as defined by Section 71.004, Family Code;
                     (J)  Section 22.011 (sexual assault);
                     (K)  Section 22.02 (aggravated assault);
                     (L)  Section 22.021 (aggravated sexual assault);
                     (M)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (N)  Section 25.072 (repeated violation of
  certain court orders or conditions of bond in family violence,
  child abuse or neglect, sexual assault or abuse, indecent assault,
  stalking, or trafficking case);
                     (O)  Section 25.11 (continuous violence against
  the family);
                     (P)  Section 29.03 (aggravated robbery);
                     (Q)  Section 38.14 (taking or attempting to take
  weapon from peace officer, federal special investigator, employee
  or official of correctional facility, parole officer, community
  supervision and corrections department officer, or commissioned
  security officer);
                     (R)  Section 43.04 (aggravated promotion of
  prostitution);
                     (S)  Section 43.05 (compelling prostitution); or
                     (T)  Section 43.25 (sexual performance by a
  child).
         (b)  This section takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.
  If this Act does not receive a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution, this section has no effect.
         SECTION 8.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.0501 to read as follows:
         Art. 17.0501.  REQUIRED TRAINING. The Department of Public
  Safety shall develop training courses that relate to the use of the
  statewide telecommunications system maintained by the department
  and that are directed to each magistrate, judge, sheriff, peace
  officer, or jailer required to obtain criminal history record
  information under this chapter, as necessary to enable the person
  to fulfill those requirements.
         SECTION 9.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Article 17.071 to read as follows:
         Art. 17.071.  CHARITABLE BAIL ORGANIZATIONS. (a) In this
  article, "charitable bail organization" means a person who accepts
  and uses donations from the public to deposit money with a court in
  the amount of a defendant's bail bond. The term does not include:
               (1)  a person accepting donations with respect to a
  defendant who is a member of the person's family, as determined
  under Section 71.003, Family Code; or
               (2)  a nonprofit corporation organized for a religious
  purpose.
         (b)  This article does not apply to a charitable bail
  organization that pays a bail bond for not more than three
  defendants in any 180-day period.
         (c)  A person may not act as a charitable bail organization
  for the purpose of paying a defendant's bail bond in a county unless
  the person:
               (1)  is a nonprofit organization exempt from federal
  income taxation under Section 501(a), Internal Revenue Code of
  1986, as an organization described by Section 501(c)(3) of that
  code; and
               (2)  has been issued a certificate under Subsection (d)
  with respect to that county.
         (d)  A county clerk shall issue to a charitable bail
  organization a certificate authorizing the organization to pay bail
  bonds in the county if the clerk determines the organization is:
               (1)  a nonprofit organization described by Subsection
  (c)(1); and
               (2)  current on all filings required by the Internal
  Revenue Code.
         (e)  A charitable bail organization shall file in the office
  of the county clerk of each county where the organization intends to
  pay bail bonds an affidavit designating the individuals authorized
  to pay bonds on behalf of the organization.
         (f)  Not later than the 10th day of each month, a charitable
  bail organization shall submit, to the sheriff of each county in
  which the organization files an affidavit under Subsection (e), a
  report that includes the following information for each defendant
  for whom the organization paid a bail bond in the preceding calendar
  month:
               (1)  the name of the defendant;
               (2)  the cause number of the case;
               (3)  the county in which the applicable charge is
  pending, if different from the county in which the bond was paid;
  and
               (4)  any dates on which the defendant has failed to
  appear in court as required for the charge for which the bond was
  paid.
         (f-1)  A sheriff who receives a report under Subsection (f)
  shall provide a copy of the report to the Office of Court
  Administration of the Texas Judicial System.
         (g)  A charitable bail organization may not pay a bail bond
  for a defendant at any time the organization is considered to be out
  of compliance with the reporting requirements of this article.
         (h)  The sheriff of a county may suspend a charitable bail
  organization from paying bail bonds in the county for a period not
  to exceed one year if the sheriff determines the organization has
  paid one or more bonds in violation of this article and the
  organization has received a warning from the sheriff in the
  preceding 12-month period for another payment of bond made in
  violation of this article. The sheriff shall report the suspension
  to the Office of Court Administration of the Texas Judicial System.
         (i)  Chapter 22 applies to a bail bond paid by a charitable
  bail organization.
         (j)  A charitable bail organization may not accept a premium
  or compensation for paying a bail bond for a defendant.
         (k)  Not later than December 1 of each year, the Office of
  Court Administration of the Texas Judicial System shall prepare and
  submit, to the governor, lieutenant governor, speaker of the house
  of representatives, and presiding officers of the standing
  committees of each house of the legislature with primary
  jurisdiction over the judiciary, a report regarding the information
  submitted to the office under Subsections (f-1) and (h) for the
  preceding state fiscal year.
         SECTION 10.  (a)  Article 17.15, Code of Criminal Procedure,
  is amended to read as follows:
         Art. 17.15.  RULES FOR SETTING [FIXING] AMOUNT OF BAIL.  
  (a)  The amount of bail and any conditions of bail to be required in
  any case in which the defendant has been arrested are [is] to be
  regulated by the court, judge, magistrate, or officer taking the
  bail in accordance with Articles 17.20, 17.21, and 17.22 and[;
  they] are [to be] governed [in the exercise of this discretion] by
  the Constitution and [by] the following rules:
               1.  Bail and any conditions of bail [The bail] shall be
  sufficient [sufficiently high] to give reasonable assurance that
  the undertaking will be complied with.
               2.  The power to require bail is not to be [so] used
  [as] to make bail [it] an instrument of oppression.
               3.  The nature of the offense and the circumstances
  under which the offense [it] was committed are to be considered,
  including whether the offense:
                     (A)  is an offense involving violence as defined
  by Article 17.03; or
                     (B)  involves violence directed against a peace
  officer.
               4.  The ability to make bail shall [is to] be considered
  [regarded], and proof may be taken on [upon] this point.
               5.  The future safety of a victim of the alleged
  offense, law enforcement, and the community shall be considered.
               6.  The criminal history record information for the
  defendant, including information obtained through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021, shall be considered, including any acts of family
  violence, other pending criminal charges, and any instances in
  which the defendant failed to appear in court following release on
  bail.
               7.  The citizenship status of the defendant shall be
  considered.
         (a-1)  Notwithstanding any other law, the duties imposed by
  Subsection (a)(6) with respect to obtaining and considering
  information through the public safety report system do not apply
  until April 1, 2022. This subsection expires June 1, 2022.
         (b)  For purposes of determining whether clear and
  convincing evidence exists to deny a person bail under Section 11d,
  Article I, Texas Constitution, a magistrate shall consider all
  information relevant to the factors listed in Subsection (a).
         (c)  In this article, "family violence" has the meaning
  assigned by Section 71.004, Family Code.
         (b)  Article 17.15(a), Code of Criminal Procedure, as
  amended by this Act, and Article 17.15(c), as added by this Act,
  take effect immediately if this Act receives a vote of two-thirds of
  all the members elected to each house, as provided by Section 39,
  Article III, Texas Constitution. If this Act does not receive the
  vote necessary for immediate effect, Article 17.15(a), Code of
  Criminal Procedure, as amended by this Act, and Article 17.15(c),
  as added by this Act, take effect on the 91st day after the last day
  of the legislative session.
         SECTION 11.  Article 17.20, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.20.  BAIL IN MISDEMEANOR.  (a)  In cases of
  misdemeanor, the sheriff or other peace officer, or a jailer
  licensed under Chapter 1701, Occupations Code, may, whether during
  the term of the court or in vacation, where the officer has a
  defendant in custody, take the defendant's [of the defendant a]
  bail [bond].
         (b)  Before taking bail under this article, the sheriff,
  peace officer, or jailer shall obtain the defendant's criminal
  history record information through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021.
         (c)  Notwithstanding Subsection (b), a sheriff, peace
  officer, or jailer may make a bail decision regarding a defendant
  who is charged only with a misdemeanor punishable by fine only or a
  defendant who receives a citation under Article 14.06(c) without
  considering the factor required by Article 17.15(a)(6).
         (d)  If the defendant is charged with or has previously been
  convicted of an offense involving violence as defined by Article
  17.03, the sheriff, officer, or jailer may not set the amount of the
  defendant's bail but may take the defendant's bail in the amount set
  by the court.
         SECTION 12.  Article 17.22, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.22.  MAY TAKE BAIL IN FELONY.  (a)  In a felony case,
  if the court before which the case [same] is pending is not in
  session in the county where the defendant is in custody, the sheriff
  or other peace officer, or a jailer licensed under Chapter 1701,
  Occupations Code, who has the defendant in custody may take the
  defendant's bail [bond] in the [such] amount set [as may have been
  fixed] by the court or magistrate, or if no amount has been set
  [fixed], then in any [such] amount that the [as such] officer
  considers [may consider] reasonable and that is in compliance with
  Article 17.15.
         (b)  Before taking bail under this article, the sheriff,
  peace officer, or jailer shall obtain the defendant's criminal
  history record information through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021.
         (c)  If the defendant is charged with or has previously been
  convicted of an offense involving violence as defined by Article
  17.03, the sheriff, officer, or jailer may not set the amount of the
  defendant's bail but may take the defendant's bail in the amount set
  by the court.
         SECTION 13.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.51, 17.52, and 17.53 to read as
  follows:
         Art. 17.51.  NOTICE OF CONDITIONS. (a) As soon as
  practicable but not later than the next business day after the date
  a magistrate issues an order imposing a condition of release on bond
  for a defendant or modifying or removing a condition previously
  imposed, the clerk of the court shall send a copy of the order to:
               (1)  the appropriate attorney representing the state;
  and
               (2)  the sheriff of the county where the defendant
  resides.
         (b)  A clerk of the court may delay sending a copy of the
  order under Subsection (a) only if the clerk lacks information
  necessary to ensure service and enforcement.
         (c)  If an order described by Subsection (a) prohibits a
  defendant from going to or near a child care facility or school, the
  clerk of the court shall send a copy of the order to the child care
  facility or school.
         (d)  The copy of the order and any related information may be
  sent electronically or in another manner that can be accessed by the
  recipient.
         (e)  The magistrate or the magistrate's designee shall
  provide written notice to the defendant of:
               (1)  the conditions of release on bond; and
               (2)  the penalties for violating a condition of
  release.
         (f)  The magistrate shall make a separate record of the
  notice provided to the defendant under Subsection (e).
         (g)  The Office of Court Administration of the Texas Judicial
  System shall promulgate a form for use by a magistrate or a
  magistrate's designee in providing notice to the defendant under
  Subsection (e).  The form must include the relevant statutory
  language from the provisions of this chapter under which a
  condition of release on bond may be imposed on a defendant.
         Art. 17.52.  REPORTING OF CONDITIONS. A chief of police or
  sheriff who receives a copy of an order described by Article
  17.51(a), or the chief's or sheriff's designee, shall, as soon as
  practicable but not later than the 10th day after the date the copy
  is received, enter information relating to the condition of release
  into the appropriate database of the statewide law enforcement
  information system maintained by the Department of Public Safety or
  modify or remove information, as appropriate.
         Art. 17.53.  PROCEDURES AND FORMS RELATED TO MONETARY BOND.
  The Office of Court Administration of the Texas Judicial System
  shall develop statewide procedures and prescribe forms to be used
  by a court to facilitate:
               (1)  the refund of any cash funds paid toward a monetary
  bond, with an emphasis on refunding those funds to the person in
  whose name the receipt described by Article 17.02 was issued; and
               (2)  the application of those cash funds to the
  defendant's outstanding court costs, fines, and fees.
         SECTION 14.  Article 66.102(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  Information in the computerized criminal history system
  relating to an arrest must include:
               (1)  the offender's name;
               (2)  the offender's state identification number;
               (3)  the arresting law enforcement agency;
               (4)  the arrest charge, by offense code and incident
  number;
               (5)  whether the arrest charge is a misdemeanor or
  felony;
               (6)  the date of the arrest;
               (7)  for an offender released on bail, whether a
  warrant was issued for any subsequent failure of the offender to
  appear in court;
               (8)  the exact disposition of the case by a law
  enforcement agency following the arrest; and
               (9) [(8)]  the date of disposition of the case by the
  law enforcement agency.
         SECTION 15.  Section 27.005, Government Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  For purposes of removal under Chapter 87, Local
  Government Code, "incompetency" in the case of a justice of the
  peace includes the failure of the justice to successfully complete:
               (1)  within one year after the date the justice is first
  elected:
                     (A)  [,] an 80-hour course in the performance of
  the justice's duties; and
                     (B)  the course described by Article
  17.024(a)(1), Code of Criminal Procedure;
               (2)  each following year, a 20-hour course in the
  performance of the justice's duties, including not less than 10
  hours of instruction regarding substantive, procedural, and
  evidentiary law in civil matters; and
               (3)  each following state fiscal biennium, the course
  described by Article 17.024(a)(2), Code of Criminal Procedure.
         (c)  A course described by Subsection (a)(1)(A) may include a
  course described by Subsection (a)(1)(B).
         SECTION 16.  Subchapter C, Chapter 71, Government Code, is
  amended by adding Section 71.0351 to read as follows:
         Sec. 71.0351.  BAIL AND PRETRIAL RELEASE INFORMATION. (a)  
  As a component of the official monthly report submitted to the
  Office of Court Administration of the Texas Judicial System under
  Section 71.035, the clerk of each court setting bail in criminal
  cases shall report:
               (1)  the number of defendants for whom bail was set
  after arrest, including:
                     (A)  the number for each category of offense;
                     (B)  the number of personal bonds; and
                     (C)  the number of surety or cash bonds;
               (2)  the number of defendants released on bail who
  subsequently failed to appear;
               (3)  the number of defendants released on bail who
  subsequently violated a condition of release; and
               (4)  the number of defendants who committed an offense
  while released on bail or community supervision.
         (b)  The office shall post the information in a publicly
  accessible place on the agency's Internet website without
  disclosing any personal information of any defendant, judge, or
  magistrate.
         (c)  Not later than December 1 of each year, the office shall
  submit a report containing the data collected under this section
  during the preceding state fiscal year to the governor, lieutenant
  governor, speaker of the house of representatives, and presiding
  officers of the standing committees of each house of the
  legislature with primary jurisdiction over the judiciary. 
         SECTION 17.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.038 to read as follows:
         Sec. 72.038.  BAIL FORM. (a) The office shall promulgate a
  form to be completed by a magistrate, judge, sheriff, peace
  officer, or jailer who sets bail under Chapter 17, Code of Criminal
  Procedure, for a defendant charged with an offense punishable as a
  Class B misdemeanor or any higher category of offense.  The office
  shall incorporate the completed forms into the public safety report
  system developed under Article 17.021, Code of Criminal Procedure.
         (b)  The form must:
               (1)  state the cause number of the case, if available,
  the defendant's name and date of birth, and the offense for which
  the defendant was arrested;
               (2)  state the name and the office or position of the
  person setting bail;
               (3)  require the person setting bail to:
                     (A)  identify the bail type, the amount of the
  bail, and any conditions of bail;
                     (B)  certify that the person considered each
  factor provided by Article 17.15(a), Code of Criminal Procedure;
  and
                     (C)  certify that the person considered the
  information provided by the public safety report system; and 
               (4)  be electronically signed by the person setting the
  bail.
         (c)  The person setting bail, an employee of the court that
  set the defendant's bail, or an employee of the county in which the
  defendant's bail was set must, on completion of the form required
  under this section, promptly but not later than 72 hours after the
  time the defendant's bail is set provide the form electronically to
  the office through the public safety report system.
         (d)  The office shall publish the information from each form
  submitted under this section in a database that is publicly
  accessible on the office's Internet website.  Any identifying
  information or sensitive data, as defined by Rule 21c, Texas Rules
  of Civil Procedure, regarding the victim of an offense and any
  person's address or contact information shall be redacted and may
  not be published under this subsection.
         SECTION 18.  (a)  Section 411.083(c), Government Code, is
  amended to read as follows:
         (c)  The department may disseminate criminal history record
  information under Subsection (b)(1) only for a criminal justice
  purpose. The department may disseminate criminal history record
  information under Subsection (b)(2) only for a purpose specified in
  the statute or order. The department may disseminate criminal
  history record information under Subsection (b)(4), (5), or (6)
  only for a purpose approved by the department and only under rules
  adopted by the department. The department may disseminate criminal
  history record information under Subsection (b)(7) only to the
  extent necessary for a county or district clerk to perform a duty
  imposed by law to collect and report criminal court disposition
  information. Criminal history record information disseminated to a
  clerk under Subsection (b)(7) may be used by the clerk only to
  ensure that information reported by the clerk to the department is
  accurate and complete. The dissemination of information to a clerk
  under Subsection (b)(7) does not affect the authority of the clerk
  to disclose or use information submitted by the clerk to the
  department. The department may disseminate criminal history record
  information under Subsection (b)(8) only to the extent necessary
  for the office of court administration to perform a duty imposed by
  law, including the development and maintenance of the public safety
  report system as required by Article 17.021, Code of Criminal
  Procedure, or to compile court statistics or prepare reports. The
  office of court administration may disclose criminal history record
  information obtained from the department under Subsection (b)(8):
               (1)  in a public safety report prepared under Article
  17.022, Code of Criminal Procedure; or
               (2)  in a statistic compiled by the office or a report
  prepared by the office, but only in a manner that does not identify
  the person who is the subject of the information.
         (b)  This section takes effect on the 91st day after the last
  day of the legislative session.
         SECTION 19.  Section 117.055, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  Except as provided by Subsection (a-1), to [To]
  compensate the county for the accounting and administrative
  expenses incurred in handling the registry funds that have not
  earned interest, including funds in a special or separate account,
  the clerk shall, at the time of withdrawal, deduct from the amount
  of the withdrawal a fee in an amount equal to five percent of the
  withdrawal but that may not exceed $50.  Withdrawal of funds
  generated from a case arising under the Family Code is exempt from
  the fee deduction provided by this section.
         (a-1)  A clerk may not deduct a fee under Subsection (a) from
  a withdrawal of funds generated by the collection of a cash bond or
  cash bail bond if in the case for which the bond was taken:
               (1)  the defendant was found not guilty after a trial or
  appeal; or
               (2)  the complaint, information, or indictment was
  dismissed without a plea of guilty or nolo contendere being
  entered.
         (a-2)  On the request of a person to whom withdrawn funds
  generated by the collection of a cash bond or cash bail bond were
  disbursed, the clerk shall refund to the person the amount of the
  fee deducted under Subsection (a) if:
               (1)  subsequent to the deduction, a court makes or
  enters an order or ruling in the case for which the bond was taken;
  and
               (2)  had the court made or entered the order or ruling
  before the withdrawal of funds occurred, the deduction under
  Subsection (a) would have been prohibited under Subsection (a-1).
         SECTION 20.  Article 17.03(f), Code of Criminal Procedure,
  is repealed.
         SECTION 21.  As soon as practicable but not later than April
  1, 2022, the Office of Court Administration of the Texas Judicial
  System shall create the public safety report system developed under
  Article 17.021, Code of Criminal Procedure, as added by this Act,
  and any related forms and materials and shall provide to the
  appropriate officials in each county and each municipality access
  to the system, forms, and materials at no cost. If those items are
  made available before April 1, 2022, the office shall notify each
  court clerk, judge or other magistrate, and office of an attorney
  representing the state.
         SECTION 22.  (a) As soon as practicable but not later than
  April 1, 2022, the Office of Court Administration of the Texas
  Judicial System shall:
               (1)  promulgate the forms required by Articles
  17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
  this Act, and by Section 72.038, Government Code, as added by this
  Act; and
               (2)  develop or approve and make available the training
  courses and certification method as described by Article 17.024,
  Code of Criminal Procedure, as added by this Act, and develop the
  procedures and prescribe the forms required by Article 17.53, Code
  of Criminal Procedure, as added by this Act.
         (b)  If the items described by Subsection (a) of this section
  are made available before April 1, 2022, the office shall notify
  each court clerk, judge or other magistrate, and office of an
  attorney representing the state.
         SECTION 23.  Section 117.055, Local Government Code, as
  amended by this Act, applies only to a withdrawal of funds from a
  court registry under Section 117.055, Local Government Code, made
  on or after the effective date provided by Section 23(c) of this
  Act. A withdrawal of funds from a court registry made before the
  effective date provided by Section 23(c) of this Act is governed by
  the law in effect on the date the withdrawal was made, and the
  former law is continued in effect for that purpose.
         SECTION 24.  The changes in law made by this Act apply 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 25.  (a) Except as provided by Subsection (b) or (c)
  of this section or another provision of this Act, this Act takes
  effect January 1, 2022.
         (b)  Article 17.15(b), Code of Criminal Procedure, as added
  by this Act, takes effect June 1, 2022, but only if the
  constitutional amendment proposed by the 87th Legislature, 2nd
  Called Session, 2021, requiring a judge or magistrate to impose the
  least restrictive conditions of bail that may be necessary and
  authorizing the denial of bail under some circumstances to a person
  accused of a violent or sexual offense or of continuous trafficking
  of persons is approved by the voters.  If that amendment is not
  approved by the voters, Article 17.15(b), Code of Criminal
  Procedure, has no effect.
         (c)  Articles 17.021 and 17.024, Code of Criminal Procedure,
  as added by this Act, and Sections 4, 17, 19, 20, and 21 of this Act
  take effect on the 91st day after the last day of the legislative
  session.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 6 passed the Senate on
  August 9, 2021, by the following vote: Yeas 27, Nays 2; and that
  the Senate concurred in House amendments on August 31, 2021, by the
  following vote: Yeas 26, Nays 5.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 6 passed the House, with
  amendments, on August 30, 2021, by the following vote: Yeas 85,
  Nays 40, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor