AEZ H.B. 1864 75(R)BILL ANALYSIS CRIMINAL JURISPRUDENCE H.B. 1864 By: Talton 5-09-97 Committee Report (Unamended) BACKGROUND Currently, a magistrate may release a defendant on his personal bond without sureties or other securities. The Code of Criminal Procedure provides that only the court before whom a case is pending may release on personal bond a defendant who is charged with certain offenses such as capital murder and aggravated sexual assault. PURPOSE HB 1864, as proposed, would limit the types of crimes for which a defendant would be eligible for release on personal bond. 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 17.03, Code of Criminal Procedure, Personal Bond, to provide that a magistrate or court may not release on personal bond a defendant who is charged with an offense under any of the following sections of the Penal Code: 15.03 (criminal solicitation), 19.02 (murder), 19.03 (capital murder), 20.03 (kidnapping), 20.04 (aggravated kidnapping), 21.11 (indecency with a child), 22.01(a)(1) (assault with the intent of bodily injury), 22.011 (sexual assault), 22.02 (aggravated assault), 22.021 (aggravated sexual assault), 22.04 (injury to a child, elderly individual or disabled individual), 25.02 (prohibited sexual conduct), 25.04 (enticing a child), 25.08 (sale or purchase of a child), 29.03 (aggravated robbery), 30.02 (burglary), 43.04 (aggravated promotion of prostitution), 43.24 (sale, distribution, or display of harmful material to a minor), 43.25 (sexual performance by a child), 43.251 (employment harmful to children), 71.02 (engaging in organized criminal activity). Also provides that a defendant who has previously violated parole or community supervision or who has previously failed to appear in court may not be released on personal bond. Subsection (h) is added to provide that an employee of a personal bond office may not communicate with a defendant earlier than 48 hours after the time the defendant is presented to the magistrate. SECTION 2.Amends Article 17.032, Code of Criminal Procedure, Release on Personal Bond of Certain Mentally Ill Defendants, by omitting Subsection (a) which defines "violent offense" and amending Subsection (b)(1) to provide that a defendant is not eligible for release on personal bond if they have been convicted of an offense under Article 17.03(b), Code of Criminal Procedure. The remaining sections are renumbered accordingly. SECTION 3. Effective Date: September 1, 1997. The change in law made by this Act apples only to the eligibility for release on personal bond of a defendant on or after September 1, 1997. SECTION 4. Emergency Clause.