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.