By Lewis of Tarrant                             H.B. No. 2831

      75R5227 JSA-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the procedures and standards governing release on

 1-3     personal bond.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 17, Code of Criminal Procedure, is

 1-6     amended by adding Article 17.033 to read as follows:

 1-7           Art. 17.033. PERSONAL BOND OFFICE REPORT REQUIRED.  (a)  In a

 1-8     county with a personal bond office, a judge or magistrate  may not

 1-9     release a defendant to whom this article applies on personal bond

1-10     unless the judge or magistrate orders the personal bond office to

1-11     prepare a report on the accused as provided by Section 1, Article

1-12     17.42, and the judge or magistrate has examined the report.

1-13           (b)  This article applies to a defendant:

1-14                 (1)  charged with an offense listed in Section

1-15     3g(a)(1), Article 42.12, or described by Section 3g(a)(2), Article

1-16     42.12;

1-17                 (2)  charged with a capital felony or a felony of the

1-18     first degree;

1-19                 (3)  who has been convicted of a felony and served a

1-20     sentence in a correctional facility for that conviction;

1-21                 (4)  who has been on community supervision, probation,

1-22     or a similar form of supervision for a felony within the five years

1-23     preceding the date the offense is alleged to have occurred;

1-24                 (5)  charged with the commission of an offense while on

 2-1     community supervision, probation, or a similar form of supervision

 2-2     in connection with the commission of another offense;

 2-3                 (6)  charged with the commission of an offense while

 2-4     released on bail or personal bond in connection with another

 2-5     offense;

 2-6                 (7)  who has previously been convicted of another

 2-7     offense under the same statute as the offense for which the person

 2-8     has been arrested;

 2-9                 (8)  who has been charged with two or more offenses

2-10     alleged to have been committed in the same criminal episode;

2-11                 (9)  who is a known or admitted member of a criminal

2-12     street gang as defined by Section 71.01(d), Penal Code;

2-13                 (10)  who has had bail set in the case in an amount

2-14     that exceeds $10,000; or

2-15                 (11)  who is charged with an offense listed in

2-16     Subsection (c) or (d).

2-17           (c)  An offense under any of the following sections of the

2-18     Penal Code is covered by Subsection (b)(1): 

2-19                 (1)  15.03, if the offense solicited is capital murder

2-20     or a  felony of the first degree;

2-21                 (2)  15.031, if the offense solicited is an offense

2-22     listed in Section 3g(a)(1), Article 42.12, Code of Criminal

2-23     Procedure;

2-24                 (3)  19.02, 19.03, 19.04, or 19.05;

2-25                 (4)  20.02, 20.03, or 20.04;

2-26                 (5)  21.11;

2-27                 (6)  22.01, if the offense is committed against an

 3-1     elderly or disabled individual, against a family member when the

 3-2     person has previously been convicted of an offense under that

 3-3     section against a family member, or against a public servant under

 3-4     circumstances described by Section 22.01(b); 22.011; 22.02; 22.021;

 3-5     or 22.04;

 3-6                 (7)  22.07;

 3-7                 (8)  25.02, 25.031, 25.04, 25.06, 25.07, or 25.08;

 3-8                 (9)  28.02; or 28.07, if the offense involves

 3-9     discharging a firearm or weapon or causing bodily injury;

3-10                 (10)  29.02; 29.03; or 30.02, if the offense is

3-11     burglary of a habitation;

3-12                 (11)  31.03, if the offense is a felony of the second

3-13     degree or higher or the defendant has previously been convicted

3-14     under that section, or the offense is punishable under Section

3-15     31.03(f); or 31.04, if the offense is a felony of the second degree

3-16     or higher or the defendant has previously been convicted under that

3-17     section;

3-18                 (12)  36.02, 36.03, 36.05, or 36.06;

3-19                 (13)  37.02, 37.03, or 37.09;

3-20                 (14)  38.03, if the offense is punishable as a second

3-21     degree felony or higher or the person has previously been convicted

3-22     under that section; 38.04, if the offense is punishable as a second

3-23     degree felony or higher or the person has previously been convicted

3-24     under that section; 38.05, if the offense is punishable as a second

3-25     degree felony or higher or the person has previously been convicted

3-26     under that section; 38.06; 38.09; 38.10; 38.11; 38.113; or 38.14;

3-27                 (15)  39.02, 39.03, or 39.04;

 4-1                 (16)  42.02, 42.061, 42.07, 42.071, or 42.08;

 4-2                 (17)  43.02, 43.03, 43.04; 43.05, 43.24, 43.25, 43.251,

 4-3     or 43.26;

 4-4                 (18)  46.05, if the offense is any grade of felony;

 4-5     46.09; or 46.10;

 4-6                 (19)  48.02;

 4-7                 (20)  49.04, if the person has previously been

 4-8     convicted under that section; 49.05 if the person has previously

 4-9     been convicted under that section; 49.06, if the person has

4-10     previously been convicted under that section; 49.07; or 49.08; or

4-11                 (21)  71.02, or 71.021.

4-12           (d)  An offense under Chapter 481, Health and Safety Code

4-13     (Texas Controlled Substances Act), punishable as a felony of the

4-14     first degree is covered by Subsection (b)(1).

4-15           SECTION 2.  Chapter 17, Code of Criminal Procedure, is

4-16     amended by adding Article 17.421 to read as follows:

4-17           Art. 17.421.  RESTRICTIONS ON PERSONAL BOND OFFICE.  A

4-18     personal bond office may not prepare or deliver to a court a report

4-19     on a defendant to whom Article 17.033 applies except on the written

4-20     order of a judge or magistrate.

4-21           SECTION 3.  This Act takes effect September 1, 1997.

4-22           SECTION 4.  The importance of this legislation and the

4-23     crowded condition of the calendars in both houses create an

4-24     emergency and an imperative public necessity that the

4-25     constitutional rule requiring bills to be read on three several

4-26     days in each house be suspended, and this rule is hereby suspended.