| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the creation of a court reminder program for criminal |
|
|
defendants. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 75, Government Code, is amended by |
|
|
adding Subchapter J to read as follows: |
|
|
SUBCHAPTER J. COURT REMINDER PROGRAM |
|
|
Sec. 75.601. ESTABLISHMENT OF STATE PROGRAM FOR |
|
|
PARTICIPATING COUNTIES. (a) The Office of Court Administration of |
|
|
the Texas Judicial System shall develop and make available to each |
|
|
county a court reminder program that allows the county to send a |
|
|
text message to notify criminal defendants of scheduled court |
|
|
appearances. The purposes of the program must include: |
|
|
(1) reducing costs associated with defendants who fail |
|
|
to appear for a scheduled court appearance; |
|
|
(2) improving the efficiency of courts in this state; |
|
|
(3) reminding criminal defendants to appear at each |
|
|
scheduled court appearance; and |
|
|
(4) reducing the number of criminal defendants who are |
|
|
confined in a county jail due solely to the defendant's failure to |
|
|
appear for a scheduled court appearance. |
|
|
(b) The program must: |
|
|
(1) be available to each county at no cost; |
|
|
(2) comply with applicable state and federal laws |
|
|
requiring the consent of an individual before sending a reminder by |
|
|
text message; |
|
|
(3) provide text message reminders for each court |
|
|
appearance of a defendant who has access to a device with the |
|
|
technological capability of receiving text messages and provides |
|
|
the court administrator with an operational phone number for the |
|
|
device; |
|
|
(4) document each occurrence of a criminal defendant |
|
|
receiving a text message reminder; |
|
|
(5) identify criminal defendants with scheduled court |
|
|
appearances who lack access to devices with the technological |
|
|
capability of receiving text messages; |
|
|
(6) document the number of criminal defendants who |
|
|
fail to appear at scheduled court appearances after being sent one |
|
|
or more text message reminders; |
|
|
(7) include the technological capability, at the |
|
|
discretion of the local administrative judge, to provide additional |
|
|
information to criminal defendants concerning scheduled court |
|
|
appearances, such as the location of the court appearance, |
|
|
available transportation options, and procedures for defendants |
|
|
who are unable to attend court appearances; |
|
|
(8) support partnerships with local law enforcement |
|
|
agencies, local governments, and local public defenders in |
|
|
accordance with the purposes described by Subsection (a); and |
|
|
(9) provide one or more publicly available Internet |
|
|
websites through which criminal defendants may request text |
|
|
reminders. |
|
|
Sec. 75.602. ESTABLISHMENT OF COUNTY PROGRAMS. (a) The |
|
|
judges of the county courts, statutory county courts, and district |
|
|
courts with jurisdiction over criminal cases in each county shall |
|
|
establish a court reminder program that allows the county to send a |
|
|
text message to notify criminal defendants of scheduled court |
|
|
appearances. |
|
|
(b) In developing the court reminder program, the judges may |
|
|
join the state program developed under Section 75.601 or develop a |
|
|
county program that allows the county to send text message |
|
|
notifications to criminal defendants and that complies with the |
|
|
requirements of Section 75.601(b). |
|
|
Sec. 75.603. MUNICIPAL PROGRAM. (a) The Office of Court |
|
|
Administration of the Texas Judicial System, or the judges of the |
|
|
county courts, statutory county courts, and district courts with |
|
|
jurisdiction over criminal cases in each county, may partner with |
|
|
municipalities and local law enforcement agencies to allow: |
|
|
(1) individuals to whom a peace officer issues a |
|
|
citation and releases to receive text message reminders of |
|
|
scheduled court appearances; and |
|
|
(2) criminal defendants in municipal court to receive |
|
|
text message reminders of scheduled court appearances. |
|
|
(b) Any municipality that partners with the Office of Court |
|
|
Administration of the Texas Judicial System shall pay all costs of |
|
|
sending reminders to municipal criminal defendants, including the |
|
|
costs of linking the municipal court database with the state court |
|
|
administrator database. |
|
|
SECTION 2. Not later than September 1, 2022, the Office of |
|
|
Court Administration of the Texas Judicial System and the judges of |
|
|
the county courts, statutory county courts, and district courts |
|
|
with jurisdiction over criminal cases in each county shall develop |
|
|
and make available the court reminder program as required by |
|
|
Subchapter J, Chapter 75, Government Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2021. |