By:  De La Garza                                       H.B. No. 289
       73R975 NSC-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to establishing the amount of bail in a criminal case.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 17.15, Code of Criminal Procedure, is
    1-5  amended to read as follows:
    1-6        Art. 17.15.  RULES FOR FIXING AMOUNT OF BAIL.  (a)  The
    1-7  amount of bail to be required in any case is to be regulated by the
    1-8  court, judge, magistrate or officer taking the bail; they are to be
    1-9  governed in the exercise of this discretion by the Constitution and
   1-10  by the following rules:
   1-11              1.  The bail shall be sufficiently high to give
   1-12  reasonable assurance that the undertaking will be complied with.
   1-13              2.  The power to require bail is not to be so used as
   1-14  to make it an instrument of oppression.
   1-15              3.  The nature of the offense and the circumstances
   1-16  under which it was committed are to be considered.
   1-17              4.  The ability to make bail is to be regarded, and
   1-18  proof may be taken upon this point.
   1-19              5.  The future safety of a victim of the alleged
   1-20  offense may be considered.
   1-21              6.  The weight of the evidence against the accused
   1-22  shall be considered.
   1-23              7.  The history and characteristics of the accused
   1-24  shall be considered, including:
    2-1                    (A)  the accused's character, physical and mental
    2-2  condition, family ties, employment, financial resources, length of
    2-3  residence in the community, community ties, past conduct, history
    2-4  relating to drug or alcohol abuse, criminal history, and record
    2-5  concerning appearances at court proceedings; and
    2-6                    (B)  whether, at the time of the current offense
    2-7  or arrest, the accused was on probation, parole, or other release
    2-8  pending trial, sentencing, appeal, or completion of sentence for an
    2-9  offense under federal, state, or local law.
   2-10              8.  The nature and seriousness of the danger to any
   2-11  person or the community posed by the release of the accused shall
   2-12  be considered.
   2-13        (b)  The magistrate or officer taking the bail may use the
   2-14  following schedule for setting the amount of bail based on the
   2-15  offense with   which the defendant is accused:
   2-16                           BAIL AMOUNT GUIDELINES
   2-17              Felony of the first degree          $100,000
   2-18              or aggravated felony under Chapter
   2-19              481, Health and Safety Code
   2-20              Felony of the second degree          $50,000
   2-21              Felony of the third degree           $10,000
   2-22              Class A misdemeanor                   $5,000
   2-23              Class B misdemeanor                   $2,500
   2-24              Class C misdemeanor                     $500
   2-25        (c)  Except as provided by Subsection (d) of this section, a
   2-26  magistrate or officer who departs from the bail amount guidelines
   2-27  must state the reasons for   the departure in writing in a court
    3-1  order or the bail record.
    3-2        (d)  If the defendant is accused of more than one offense,
    3-3  the magistrate or officer may follow the bail amount guidelines for
    3-4  the most serious offense and set the bail for a remaining offense
    3-5  at an amount less than the amount stated by the guidelines without
    3-6  stating in writing the reasons for the departure from the
    3-7  guidelines.
    3-8        SECTION 2.  Chapter 17, Code of Criminal Procedure, is
    3-9  amended by adding Article 17.152 to read as follows:
   3-10        Art. 17.152.  EX PARTE COMMUNICATIONS PROHIBITED.  (a)  A
   3-11  magistrate may not have an ex parte communication recommending or
   3-12  relating to setting the bail amount with an attorney representing
   3-13  the state or a law enforcement officer.
   3-14        (b)  Any communication recommending or relating to setting
   3-15  the bail amount with a magistrate may be made only in the presence
   3-16  of the accused, and the magistrate shall permit the accused to
   3-17  present evidence relating to the likelihood of the accused's
   3-18  appearance in court.
   3-19        SECTION 3.  (a)  The change in law made by this Act applies
   3-20  only to release on bail following an offense committed on or after
   3-21  the effective date of this Act.  For purposes of this section, an
   3-22  offense is committed before the effective date of this Act if any
   3-23  element of the offense occurs before the effective date.
   3-24        (b)  Release on bail following an offense committed before
   3-25  the effective date of this Act is covered by the law in effect when
   3-26  the offense was committed, and the former law is continued in
   3-27  effect for this purpose.
    4-1        SECTION 4.  This Act takes effect September 1, 1993.
    4-2        SECTION 5.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency   and   an   imperative   public   necessity   that   the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended.