HBA-KMH H.B. 490 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 490 By: Lewis, Glenn Criminal Jurisprudence 3/22/1999 Introduced BACKGROUND AND PURPOSE Currently, in counties with a bond office, a report is required before a magistrate may release a defendant on personal bond. H.B. 490 codifies the instances in which these reports are required in Tarrant County. This bill also sets forth specific instances and circumstances when such a report is required. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 17, Code Criminal Procedure, by adding Article 17.033, as follows: Art. 17.033. PERSONAL BOND OFFICE REPORT REQUIRED. (a) Prohibits a judge or magistrate (judicial officer), in a county with a personal bond office, from releasing a defendant on personal bond unless the judicial officer orders the personal bond office to prepare a report on the accused as provided by Section 1 (Personal Bond Office), Article 17.42, Code of Criminal Procedure, and the judicial officer has examined the report. (b) Makes this article applicable to a defendant who: _is charged with an offense listed in Section 3g(a)(1), Article 42.12 (Community Supervision), or described by Section 3g(a)(2), Article 42.12; _is charged with a capital felony or a felony of the first degree; _has been convicted of a felony and served a sentence in a correctional facility for that conviction; _has been on community supervision, probation, or a similar form of supervision for a felony within the five years preceding the date the offense is alleged to have occurred; _is charged with the commission of an offense while on community supervision, probation, or a similar form of supervision in connection with the commission of another offense; _is charged with the commission of an offense while released on bail or personal bond in connection with another offense; _has been previously convicted of another offense under the same statute as the offense for which the defendant has been arrested; _has been charged with two or more offenses alleged to have been committed in the same criminal episode; _is a known or admitted member of a criminal street gang as defined by Section 71.01 (Definitions), Penal Code; _has had bail set in the case in an amount that exceeds $10,000; or _is charged with an offense listed in Subsection (c) or (d). (c) Provides that the following offenses are covered by Subsection (b): _Criminal Solicitation, if the offense solicited is capital murder or a felony of the first degree; _Criminal Solicitation of a Minor, if the offense solicited is an offense listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure; _Manslaughter; or Criminally Negligent Homicide; _Unlawful Restraint or Kidnapping; _Indecency With a Child, by exposing the defendant's anus or any part of the defendant's genitals, knowing the child is present, with intent to arouse or gratify the sexual desire of any person; _Assault, if the offense is committed against: _an elderly individual or disabled individual, as those terms are defined by the offense of Injury to a Child, Elderly Individual, or Disabled Individual; _a family member when the defendant has been previously convicted of an offense against a family member under that section; or _a public servant, if the defendant knows the person is a public servant, while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant; _Sexual Assault of an adult, by causing contact or penetration of an anus, mouth, or female sexual organ without the other's consent; Aggravated Assault; Injury to a Child, Elderly Individual, or Disabled Individual; or Terroristic Threat; _Prohibited Sexual Conduct; Agreement to Abduct From Custody; Enticing a Child; Harboring Runaway Child; Violation of Protective Order or Magistrate's Order; or Sale or Purchase of Child; _Arson or; if the offense involves discharging a firearm or weapon or causing bodily injury, Interference with Railroad Property; _Robbery or; if the offense is burglary of a habitation, Burglary; _Theft, if the offense is a felony of the second degree or higher, or if the property came into the defendant's possession by virtue of the defendant's employment as a civil servant or a contractual relationship with a governmental entity, or the defendant has been previously convicted of Theft; _Theft of Service, if the offense is a felony of the second degree or higher or the defendant has been previously convicted of Theft of Service; _Bribery; Coercion of Public Servant or Voter; Tampering with Witness; or Obstruction or Retaliation; _Perjury; Aggravated Perjury; or Tampering With or Fabricating Physical Evidence; _Resisting Arrest; Search, or Transportation; Evading Arrest or Detention; Hindering Apprehension or Prosecution, if the offense is a felony of the second degree or higher or the defendant has been previously convicted of the same offense; _Escape; Implements for Escape; Bail Jumping and Failure to Appear; Prohibited Substances in Correctional Facility or on Property of Texas Department of Criminal Justice; Unauthorized Absence from Community Corrections Facility, County Correctional Center, or Assignment Site; or Taking or Attempting to Take Weapon from Peace Officer; _Abuse of Official Capacity; Official Oppression; or Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody; _Riot; Silent or Abusive Calls to 9-1-1 Service; Harassment; Stalking; or Abuse of Corpse; _Prostitution; Promotion of Prostitution; Aggravated Promotion of Prostitution; Compelling Prostitution; Sale, Distribution, or Display of Harmful Material to Minor; Sexual Performance by a Child, Employment Harmful to Children; or Possession or Promotion of Child Pornography; _Prohibited Weapons, if the offense is a felony; _Components of Explosives; or Deadly Weapon in Penal Institution; _Prohibition of the Purchase and Sale of Human Organs; _Driving While Intoxicated; Flying While Intoxicated; or Boating While Intoxicated, if the person has been previously convicted of the same offense; _Intoxication Assault; or Intoxication Manslaughter; or _Engaging in Organized Criminal Activity; or Violation of Court Order Enjoining Organized Criminal Activity. (d) Provides that an offense under Chapter 481 (Texas Controlled Substances Act), Health and Safety Code, punishable by imprisonment for life is covered by Subsection (b). SECTION 2. Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.421, as follows: Art. 17.421. RESTRICTIONS ON PERSONAL BOND OFFICE. Prohibits a personal bond office from preparing or delivering to a court a report on a defendant to whom proposed Article 17.033 applies, except on written order of a judge or magistrate. SECTION 3. Effective date: September 1, 1999. SECTION 4. Emergency clause.