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.