By De La Garza H.B. No. 522
74R3378 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 and the community shall 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 community supervision, parole, or
2-8 other release pending trial, sentencing, appeal, or completion of
2-9 sentence for an 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
2-18 or aggravated felony under Chapter
2-19 481, Health and Safety Code $100,000
2-20 Felony of the second degree $50,000
2-21 Felony of the third degree $10,000
2-22 State jail felony $7,500
2-23 Class A misdemeanor $5,000
2-24 Class B misdemeanor $2,500
2-25 Class C misdemeanor $500
2-26 (c) Except as provided by Subsection (d), a magistrate or
2-27 officer who departs from the bail amount guidelines must state the
3-1 reasons for the departure in writing in a court order or the bail
3-2 record.
3-3 (d) If the defendant is accused of more than one offense,
3-4 the magistrate or officer may follow the bail amount guidelines for
3-5 the most serious offense and set the bail for a remaining offense
3-6 at an amount less than the amount stated by the guidelines without
3-7 stating in writing the reasons for the departure from the
3-8 guidelines.
3-9 (e) For the purposes of this article, an offense is an
3-10 aggravated felony under Chapter 481, Health and Safety Code, if the
3-11 offense is punishable by a minimum term of imprisonment or a
3-12 maximum fine that is greater than the minimum term of imprisonment
3-13 or the maximum fine for a first degree felony.
3-14 SECTION 2. Chapter 17, Code of Criminal Procedure, is
3-15 amended by adding Article 17.152 to read as follows:
3-16 Art. 17.152. EX PARTE COMMUNICATIONS PROHIBITED. (a) A
3-17 magistrate may not have an ex parte communication recommending or
3-18 relating to setting the bail amount with an attorney representing
3-19 the state or a law enforcement officer.
3-20 (b) Any communication recommending or relating to setting
3-21 the bail amount with a magistrate may be made only in the presence
3-22 of the accused, and the magistrate shall permit the accused to
3-23 present evidence relating to the likelihood of the accused's
3-24 appearance in court.
3-25 SECTION 3. (a) The change in law made by this Act applies
3-26 only to release on bail following an offense committed on or after
3-27 the effective date of this Act. For purposes of this section, an
4-1 offense is committed before the effective date of this Act if any
4-2 element of the offense occurs before the effective date.
4-3 (b) Release on bail following an offense committed before
4-4 the effective date of this Act is covered by the law in effect when
4-5 the offense was committed, and the former law is continued in
4-6 effect for this purpose.
4-7 SECTION 4. This Act takes effect September 1, 1995.
4-8 SECTION 5. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.