By Talton H.B. No. 1864
75R7049 GWK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the eligibility of certain defendants for release on
1-3 personal bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.03, Code of Criminal Procedure, is
1-6 amended by amending Subsection (b) and adding Subsection (h) to
1-7 read as follows:
1-8 (b) A magistrate or [Only the] court [before whom the case
1-9 is pending] may not release on personal bond a defendant who:
1-10 (1) is charged with an offense under any of the
1-11 following sections of the Penal Code:
1-12 (A) Section 15.03;
1-13 (B) Section 19.02;
1-14 (C) Section 19.03 [(Capital Murder)];
1-15 (D) Section 20.03;
1-16 (E) [(B)] Section 20.04 [(Aggravated
1-17 Kidnapping)];
1-18 (F) Section 21.11;
1-19 (G) Section 22.01(a)(1);
1-20 (H) Section 22.011;
1-21 (I) Section 22.02;
1-22 (J) [(C)] Section 22.021 [(Aggravated Sexual
1-23 Assault)];
1-24 [(D) Section 22.03 (Deadly Assault on Law
2-1 Enforcement or Corrections Officer, Member or Employee of Board of
2-2 Pardons and Paroles, or Court Participant);]
2-3 (K) [(E)] Section 22.04 [(Injury to a Child,
2-4 Elderly Individual, or Disabled Individual)];
2-5 (L) Section 25.02;
2-6 (M) Section 25.04;
2-7 (N) Section 25.08;
2-8 (O) [(F)] Section 29.03 [(Aggravated Robbery)];
2-9 (P) [(G)] Section 30.02 [(Burglary)]; [or]
2-10 (Q) Section 43.04;
2-11 (R) Section 43.24;
2-12 (S) Section 43.25;
2-13 (T) Section 43.251; or
2-14 (U) [(H)] Section 71.02 [(Engaging in Organized
2-15 Criminal Activity)];
2-16 (2) is charged with a felony under Chapter 481, Health
2-17 and Safety Code, or Section 485.033, Health and Safety Code,
2-18 punishable by imprisonment for a minimum term or by a maximum fine
2-19 that is more than a minimum term or maximum fine for a first degree
2-20 felony; [or]
2-21 (3) does not submit to testing for the presence of a
2-22 controlled substance in the defendant's body as requested by the
2-23 court or magistrate under Subsection (c) of this article or submits
2-24 to testing and the test shows evidence of the presence of a
2-25 controlled substance in the defendant's body;
2-26 (4) is released on parole or community supervision and
2-27 subsequently brought before the magistrate or court on a charge of
3-1 having violated the terms of that parole or community supervision;
3-2 or
3-3 (5) has previously engaged in conduct prohibited by
3-4 Section 38.10, Penal Code, regardless of whether the defendant was
3-5 convicted of the offense.
3-6 (h) An employee of a personal bond office may not, earlier
3-7 than 48 hours after the time at which the defendant is presented to
3-8 a magistrate under Article 15.17, communicate directly or
3-9 indirectly with a defendant who seeks release on personal bond
3-10 about the defendant's release on personal bond.
3-11 SECTION 2. Article 17.032, Code of Criminal Procedure, is
3-12 amended to read as follows:
3-13 Art. 17.032. RELEASE ON PERSONAL BOND OF CERTAIN MENTALLY
3-14 ILL DEFENDANTS. (a) [In this article, "violent offense" means an
3-15 offense under the following sections of the Penal Code:]
3-16 [(1) Section 19.02 (murder);]
3-17 [(2) Section 19.03 (capital murder);]
3-18 [(3) Section 20.03 (kidnapping);]
3-19 [(4) Section 20.04 (aggravated kidnapping);]
3-20 [(5) Section 21.11 (indecency with a child);]
3-21 [(6) Section 22.01(a)(1) (assault);]
3-22 [(7) Section 22.011 (sexual assault);]
3-23 [(8) Section 22.02 (aggravated assault);]
3-24 [(9) Section 22.021 (aggravated sexual assault);]
3-25 [(10) Section 22.04 (injury to a child, elderly
3-26 individual, or disabled individual); or]
3-27 [(11) Section 29.03 (aggravated robbery).]
4-1 [(b)] A magistrate shall release a defendant on personal
4-2 bond if the:
4-3 (1) defendant is not ineligible for release on
4-4 personal bond under Article 17.03(b) of this code [charged with]
4-5 and has not been previously convicted of an offense listed in
4-6 Subsection (b)(1) of that article [a violent offense];
4-7 (2) defendant is examined by a mental health expert
4-8 under Section 3(b), Article 46.02, of this code;
4-9 (3) examining expert, in a report submitted to the
4-10 magistrate under Section 3(d), Article 46.02, of this code:
4-11 (A) concludes that the defendant is mentally ill
4-12 and is nonetheless competent to stand trial; and
4-13 (B) recommends mental health treatment for the
4-14 defendant; and
4-15 (4) magistrate determines, in consultation with a
4-16 local mental health services provider, that appropriate mental
4-17 health services for the defendant are available through the Texas
4-18 Department of Mental Health and Mental Retardation under Section
4-19 534.053, Health and Safety Code, or through another mental health
4-20 services provider.
4-21 (b) [(c)] The magistrate may require as a condition of
4-22 release on personal bond under this article that the defendant
4-23 submit to outpatient or inpatient mental health treatment if the
4-24 defendant's:
4-25 (1) mental illness is chronic in nature; or
4-26 (2) ability to function independently will continue to
4-27 deteriorate if the defendant is not treated.
5-1 (c) [(d)] In addition to a condition of release imposed
5-2 under Subsection (b) [(c)] of this article, the magistrate may
5-3 require the defendant to comply with other conditions that are
5-4 reasonably necessary to protect the community.
5-5 (d) [(e)] In this article, a person is considered to have
5-6 been convicted of an offense if:
5-7 (1) a sentence is imposed;
5-8 (2) the person is placed on community supervision or
5-9 receives deferred adjudication; or
5-10 (3) the court defers final disposition of the case.
5-11 SECTION 3. This Act takes effect September 1, 1997. The
5-12 change in law made by this Act applies only to the eligibility for
5-13 release on personal bond of a defendant on or after September 1,
5-14 1997. A defendant released on personal bond before September 1,
5-15 1997, is covered by the law in effect when the defendant was
5-16 released, and the former law is continued in effect for that
5-17 purpose.
5-18 SECTION 4. The importance of this legislation and the
5-19 crowded condition of the calendars in both houses create an
5-20 emergency and an imperative public necessity that the
5-21 constitutional rule requiring bills to be read on three several
5-22 days in each house be suspended, and this rule is hereby suspended.