BILL ANALYSIS



C.S.H.B. 1396
By: Place
April 3, 1995
Committee Report (Substituted)


BACKGROUND

The more heavily populated counties in Texas now have local
"pretrial release agencies."  These agencies are dedicated to quick
release of a person from the county jail pending trial, all at
little or no cost to the defendant and with no financial auditions--if the defendant does not appear in court, no one pays.  In most
cases, taxpayers are unaware of any details related to such an
agency's operations, despite the fact that taxes account for almost
100 percent funding of such activities.  The operational statistics
(types of offenders released, failures-to-appear, re-arrests while
released, budgetary questions, etc.) all go unknown.  Records of
such are difficult, if not impossible, to obtain.  In some cases,
interested persons have had to file lawsuits to obtain operational
data.  Requiring pretrial release offices to prepare reports on
operations would accomplish the following goals:  1) it would
enable courts to make better decisions on how to release a
defendant, and whether to release a defendant into the custody of
the local pretrial release agency; and 2) it would give taxpayers
a better idea of how monies are being spent.

PURPOSE

If enacted, C.S.H.B. 1396 would require pretrial release offices to
report, regularly, their important operational statistics.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Article 17.42, Code of Criminal Procedure, by
adding Sections 5 and 6 as follows:

     Sec. 5. (a) Requires a personal bond pretrial release office
     established under this article to do the following:

           (1) prepare a record of its operations identifying
           accused persons by case number only;

           (2) update the record on a weekly basis; and

           (3) post a copy of the record in the office of the
           county court clerk.

     (b) Requires the following items to be included in a record
     prepared under Subsection (a):

           (1) the offense with which the person is charged;

           (2) any offense for which the person was convicted
           within the preceding six years;

           (3) dates of any earlier failures to appear;

           (4) whether a warrant is issued for failure to appear;
           and

           (5) any non-compliance with personal bond release
           conditions.

     Sec. 6. (a) Requires personal bond offices established under
     this article to submit, no later than April 1 of each year,
     annual reports regarding operations of the office during the
     preceding year.

     (b) Requires the following items to be included in an annual
     report under Subsection (a):

           (1) the office's operating budget;

           (2) the number of persons on staff;

           (3) the number of persons released after interview by
           the office; and

           (4) the annual total of certain types of persons
           released, as follows:

               (A) those convicted of the same offense or of any
               felony within the preceding six years;

               (B) those failing to appear for a scheduled court
               appearance; and

               (C) those for whom a warrant was issued for such
               failure to appear.

SECTION 2.  Requires the first annual report required by Section 6,
Article 17.42, Code of Criminal Procedure, to be completed by a
personal bond office no later than April 1, 1996.  Requires the
report to cover only the period between September 1, 1995 and the
date on which the report is prepared.

SECTION 3.  Effective date:  September 1, 1995.

SECTION 4.  Emergency clause.  

COMPARISON OF SUBSTITUTE TO ORIGINAL

SECTION 1.  Amends Article 17.42, Code of Criminal Procedure, by
adding Sections 5 and 6 as follows:

Sec. 5     (a) adds the words "pretrial release" to the term
           "personal bond office."

           (1) adds the stipulation that personal bond offices
           identify accused persons on whom they prepare records
           by case number only.

           (5) omits the requirement that a bond office provide a
           description of the defendant's conduct constituting a
           failure to comply with conditions of release on personal
           bond.

SUMMARY OF COMMITTEE ACTION

HB 1396 was referred directly to the Procedural Subcommittee on
March 21, 1995.  HB 1396 was considered in a public hearing by the
subcommittee on March 29, 1995.

The following person testified in favor of the bill:

     Jerry Watson, representing the American Legislative Exchange
     Council and National Association of Bail Insurance Companies.

The following person testified against the bill:

     Jim Rust, representing himself.



The following persons testified on the bill:

     Carol Oeller, representing herself; and
     Tom Krampitz, representing the Texas District & County
     Attorneys Association (TDCAA).

HB 1396 was reported favorably without amendment, to the full
committee by a record vote of 3 ayes, 0 nays, 0 pnv, and 0 absent. 
HB 1396 was considered on subcommittee report in a public hearing
by the full committee on April 3, 1995.  The full committee
considered a complete committee substitute for the bill.  The
substitute was adopted without objection by a non-record vote.  HB
1396 was reported favorably as substituted, with the recommendation
that it do pass and be printed by a record vote of 8 ayes, 0 nays,
0 pnv, and 1 absent.