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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 87th Legislature, Regular Session, 2021, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on House Bill 20 (rules for setting the |
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amount of bail, to the release of certain defendants on a monetary |
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bond or personal bond, to related duties of certain officers taking |
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bail bonds and of a magistrate in a criminal case, to charitable |
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bail organizations, and to the reporting of information pertaining |
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to bail bonds) to consider and take action on the following matters: |
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(1) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in SECTION 4 of the bill, in |
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added Articles 17.021(b), (d), (e), and (f), Code of Criminal |
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Procedure, to read as follows: |
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(b) The public safety report system must: |
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(1) state the requirements for setting bail under |
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Article 17.15; |
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(2) incorporate a form that must be signed by the |
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person setting bail and that lists each factor provided by Article |
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17.15(a) and requires the person setting bail to certify on the form |
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that the person considered each of those factors; |
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(3) provide information on the eligibility of the |
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defendant for a personal bond; |
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(4) provide, in summary form, the criminal history of |
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the defendant; |
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(5) provide information regarding the applicability |
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of any required or discretionary bond conditions; and |
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(6) collect information on the bail decision. |
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(d) The public safety report system may not: |
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(1) be the only item relied upon by a judge or |
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magistrate in making a bail decision; or |
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(2) include a score, rating, or assessment of a |
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defendant's risk or make any recommendation regarding the |
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appropriate bail for the defendant. |
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(e) As a component of the public safety report system, the |
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office shall electronically collect each form completed under |
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Subsection (b)(2) and shall use those forms to collect data |
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regarding the number of defendants for whom bail was set during the |
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preceding state fiscal year, including: |
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(1) the number for each category of offense; |
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(2) the number of personal bonds; and |
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(3) the number of monetary bonds. |
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(f) Not later than December 1 of each year, the office shall |
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submit a report containing the data collected from the public |
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safety report system during the preceding state fiscal year to the |
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governor, the lieutenant governor, the speaker of the house of |
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representatives, and the presiding officers of the standing |
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committees of each house of the legislature with jurisdiction over |
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the judiciary. |
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Explanation: This change is necessary to clarify the |
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requirements of the public safety report system. |
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(2) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in SECTION 5 of the bill, in |
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added Article 17.03(b-2), Code of Criminal Procedure, to read as |
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follows: |
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(b-2) Notwithstanding any other law, a defendant may not be |
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released on personal bond if the defendant: |
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(1) is charged with an offense under the following |
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provisions of the Penal Code: |
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(A) Section 19.02 (murder); |
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(B) Section 19.03 (capital murder); |
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(C) Section 20A.02 (trafficking of persons); |
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(D) Section 20A.03 (continuous trafficking of |
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persons); |
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(E) Section 21.02 (continuous sexual abuse of |
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young child or children); |
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(F) Section 21.11 (indecency with a child); |
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(G) Section 22.01(a)(1) (assault), if the |
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offense is punishable as a felony of the second degree under |
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Subsection (b-2) of that section; |
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(H) Section 22.02 (aggravated assault); |
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(I) Section 22.021 (aggravated sexual assault); |
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(J) Section 25.072 (repeated violation of |
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certain court orders or conditions of bond in family violence, |
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child abuse or neglect, sexual assault or abuse, indecent assault, |
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stalking, or trafficking case); |
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(K) Section 25.11 (continuous violence against |
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the family); |
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(L) Section 38.14 (taking or attempting to take |
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weapon from peace officer, federal special investigator, employee |
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or official of correctional facility, parole officer, community |
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supervision and corrections department officer, or commissioned |
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security officer); |
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(M) Section 43.04 (aggravated promotion of |
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prostitution); |
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(N) Section 43.05 (compelling prostitution); or |
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(O) Section 43.25 (sexual performance by a |
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child); or |
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(2) while released on bail or community supervision |
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for an offense listed in Subdivision (1), is charged with |
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committing: |
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(A) an offense under the following provisions of |
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the Penal Code: |
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(i) Section 22.01(a)(1) (assault); |
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(ii) Section 22.05 (deadly conduct); |
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(iii) Section 22.07 (terroristic threat); |
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or |
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(iv) Section 42.01(a)(7) or (8) (disorderly |
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conduct involving firearm); or |
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(B) any offense punishable as a felony. |
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Explanation: This change is necessary to clarify which |
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persons are ineligible to be released on personal bond. |
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(3) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in SECTION 7 of the bill, in |
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added Article 17.15(a)(6), Code of Criminal Procedure, to read as |
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follows: |
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6. The criminal history record information for the |
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defendant, including information obtained through the statewide |
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telecommunications system maintained by the Department of Public |
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Safety and through the public safety report system developed under |
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Article 17.021, shall be considered, including any acts of family |
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violence, other pending criminal charges, and any instances in |
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which the defendant failed to appear in court following release on |
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bail. |
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Explanation: This change is necessary to explain the |
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responsibilities of a person setting bail with respect to a |
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defendant's criminal history. |
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(4) House Rule 13, Section 9(a)(4), is suspended to permit |
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the committee to add text on a matter not included in either the |
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house or senate version of the bill in SECTION 10 of the bill, in |
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added Article 17.50(h), Code of Criminal Procedure, to read as |
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follows: |
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(h) The clerk of the court is not required to send a copy of |
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an order under Subsection (a) if the Office of Court Administration |
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of the Texas Judicial System develops a means to cause a notice of |
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conditions of release on bond to be electronically delivered to the |
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applicable parties required by that subsection. |
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Explanation: This change is needed to provide for an |
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alternative means of delivery for certain notices. |