1-1  By:  Wentworth                                         S.B. No. 324
    1-2        (In the Senate - Filed February 11, 1993; February 15, 1993,
    1-3  read first time and referred to Committee on Criminal Justice;
    1-4  April 13, 1993, reported favorably by the following vote:  Yeas 5,
    1-5  Nays 0; April 13, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Whitmire           x                               
    1-9        Brown              x                               
   1-10        Nelson             x                               
   1-11        Sibley             x                               
   1-12        Sims                                          x    
   1-13        Turner             x                               
   1-14        West                                          x    
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to establishing the amount of bail in a criminal case.
   1-18        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-19        SECTION 1.  Article 17.15, Code of Criminal Procedure, is
   1-20  amended to read as follows:
   1-21        Art. 17.15.  RULES FOR FIXING AMOUNT OF BAIL.  The amount of
   1-22  bail to be required in any case is to be regulated by the court,
   1-23  judge, magistrate or officer taking the bail; they are to be
   1-24  governed in the exercise of this discretion by the Constitution and
   1-25  by the following rules:
   1-26              1.  The bail shall be sufficiently high to give
   1-27  reasonable assurance that the undertaking will be complied with.
   1-28              2.  The power to require bail is not to be so used as
   1-29  to make it an instrument of oppression.
   1-30              3.  The nature of the offense and the circumstances
   1-31  under which it was committed are to be considered.
   1-32              4.  The ability to make bail is to be regarded, and
   1-33  proof may be taken upon this point.
   1-34              5.  The future safety of a victim of the alleged
   1-35  offense and the community shall <may> be considered.
   1-36        SECTION 2.  This Act takes effect September 1, 1993.
   1-37        SECTION 3.  The importance of this legislation and the
   1-38  crowded condition of the calendars in both houses create an
   1-39  emergency   and   an   imperative   public   necessity   that   the
   1-40  constitutional rule requiring bills to be read on three several
   1-41  days in each house be suspended, and this rule is hereby suspended.
   1-42                               * * * * *
   1-43                                                         Austin,
   1-44  Texas
   1-45                                                         April 13, 1993
   1-46  Hon. Bob Bullock
   1-47  President of the Senate
   1-48  Sir:
   1-49  We, your Committee on Criminal Justice to which was referred S.B.
   1-50  No. 324, have had the same under consideration, and I am instructed
   1-51  to report it back to the Senate with the recommendation that it do
   1-52  pass and be printed.
   1-53                                                         Whitmire,
   1-54  Chairman
   1-55                               * * * * *
   1-56                               WITNESSES
   1-57                                                  FOR   AGAINST  ON
   1-58  ___________________________________________________________________
   1-59  Name:  John Boston                                       x
   1-60  Representing:  Tx Criminal Def Lawyer Assoc
   1-61  City:  Austin
   1-62  -------------------------------------------------------------------
   1-63  Name:  Knox Fitzpatrick                          x
   1-64  Representing:  Dallas DA's Office
   1-65  City:  Dallas
   1-66  -------------------------------------------------------------------
   1-67  Name:  Danny Hill                                              x
   1-68  Representing:  TDCAA
    2-1  City:  Amarillo
    2-2  -------------------------------------------------------------------
    2-3  Name:  Lon Curtis                                              x
    2-4  Representing:  TDCAA
    2-5  City:  Belton
    2-6  -------------------------------------------------------------------