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