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.