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.