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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain defendants on personal bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Articles 17.03(a) and (b-2), Code of Criminal |
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Procedure, are amended to read as follows: |
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(a) Except as provided by Subsection (b), [or] (b-1), or |
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(b-2), a magistrate shall [may, in the magistrate's discretion,] |
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release a [the] defendant on personal bond without sureties or |
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other security unless the magistrate enters a finding on the record |
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that conditions of release are insufficient to reasonably ensure |
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the defendant's appearance in court as required and the safety of |
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the community, law enforcement, and the victim of the alleged |
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offense. This subsection does not apply to a defendant described by |
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Article 17.032(b). |
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(b-2) Except as provided by Articles 15.21, 17.033, and |
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17.151, a defendant may not be released on personal bond if the |
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defendant: |
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(1) is charged with: |
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(A) an offense involving violence; or |
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(B) an offense for which an element of the |
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offense involves offensive or provocative sexual contact with |
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another; or |
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(2) while released on bail or community supervision |
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for an offense described by Subdivision (1) [involving violence], |
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is charged with committing: |
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(A) any offense punishable as a felony; or |
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(B) 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). |
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SECTION 2. Articles 17.032(b) and (d), Code of Criminal |
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Procedure, are amended to read as follows: |
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(b) Notwithstanding Article 17.03(b), or a bond schedule |
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adopted or a standing order entered by a judge, a magistrate shall |
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release a defendant on personal bond unless good cause is shown |
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otherwise if: |
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(1) the defendant is not charged with and has not been |
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previously convicted of a violent offense or an offense for which an |
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element of the offense involves offensive or provocative sexual |
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contact with another; |
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(2) the defendant is examined by the service provider |
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that contracts with the jail to provide mental health or |
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intellectual and developmental disability services, the local |
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mental health authority, the local intellectual and developmental |
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disability authority, or another qualified mental health or |
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intellectual and developmental disability expert under Article |
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16.22; |
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(3) the applicable expert, in a written report |
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submitted to the magistrate under Article 16.22: |
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(A) concludes that the defendant has a mental |
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illness or is a person with an intellectual disability and is |
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nonetheless competent to stand trial; and |
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(B) recommends mental health treatment or |
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intellectual and developmental disability services for the |
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defendant, as applicable; |
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(4) the magistrate determines, in consultation with |
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the local mental health authority or local intellectual and |
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developmental disability authority, that appropriate |
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community-based mental health or intellectual and developmental |
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disability services for the defendant are available in accordance |
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with Section 534.053 or 534.103, Health and Safety Code, or through |
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another mental health or intellectual and developmental disability |
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services provider; and |
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(5) the magistrate finds, after considering all the |
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circumstances, a pretrial risk assessment, if applicable, and any |
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other credible information provided by the attorney representing |
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the state or the defendant, that release on personal bond would |
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reasonably ensure the defendant's appearance in court as required |
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and the safety of the community, law enforcement, and the victim of |
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the alleged offense. |
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(d) In addition to a condition of release imposed under |
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Subsection (c), the magistrate may require the defendant to comply |
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with other conditions that are reasonably necessary to ensure the |
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defendant's appearance in court as required and the safety of the |
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community, law enforcement, and the victim of the alleged offense. |
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SECTION 3. The changes in law made by this Act apply only to |
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a person who is arrested on or after the effective date of this Act. |
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A person arrested before the effective date of this Act is governed |
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by the law in effect on the date the person was arrested, and the |
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former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2023. |