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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill 20 (rules for setting the amount of bail, to the |
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release of certain defendants on a monetary bond or personal |
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bond, to related duties of certain officers taking bail bonds and |
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of a magistrate in a criminal case, to charitable bail |
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organizations, and to the reporting of information pertaining to |
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bail bonds) to consider and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in SECTION 4 of the bill, in added |
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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 |
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Article 17.15(a) and requires the person setting bail to certify |
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on the form 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 |
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of 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, |
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the office shall electronically collect each form completed |
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under 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 |
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the 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 |
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shall submit a report containing the data collected from the |
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public safety report system during the preceding state fiscal |
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year to the governor, the lieutenant governor, the speaker of the |
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house of representatives, and the presiding officers of the |
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standing committees of each house of the legislature with |
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jurisdiction over 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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in SECTION 5 of the bill, in added |
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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 |
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be 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 |
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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 |
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assault, stalking, or trafficking case); |
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(K) Section 25.11 (continuous violence |
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against the family); |
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(L) Section 38.14 (taking or attempting to |
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take weapon from peace officer, federal special investigator, |
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employee or official of correctional facility, parole officer, |
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community supervision and corrections department officer, or |
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commissioned 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); |
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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 |
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of 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 |
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threat); or |
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(iv) Section 42.01(a)(7) or (8) |
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(disorderly 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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in SECTION 7 of the bill, in added |
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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 |
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under Article 17.021, shall be considered, including any acts of |
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family violence, other pending criminal charges, and any |
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instances in which the defendant failed to appear in court |
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following release on 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) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill in SECTION 10 of the bill, in added |
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Article 17.50(h), Code of Criminal Procedure, to read as follows: |
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(h) The clerk of the court is not required to send a copy |
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of an order under Subsection (a) if the Office of Court |
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Administration of the Texas Judicial System develops a means to |
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cause a notice of conditions of release on bond to be |
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electronically delivered to the applicable parties required by |
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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. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 30, 2021, by the |
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following vote: Yeas 21, |
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Nays 10. |
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_______________________________ |
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Secretary of the Senate |