76R11732 JMC-F
By Talton H.B. No. 831
Substitute the following for H.B. No. 831:
By Talton C.S.H.B. No. 831
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the administration and operation of a pretrial services
1-3 office and the imposition of certain fees and costs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 17.031(b), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (b) If there is a pretrial services [personal bond] office
1-8 in the county from which the warrant for arrest was issued, the
1-9 court releasing a defendant on the defendant's [his] personal bond
1-10 will forward a copy of the personal bond to the pretrial services
1-11 [personal bond] office in that county.
1-12 SECTION 2. Article 17.42, Code of Criminal Procedure, is
1-13 amended to read as follows:
1-14 Art. 17.42. PRETRIAL SERVICES [PERSONAL BOND] OFFICE
1-15 Sec. 1. Any county, or any judicial district with
1-16 jurisdiction in more than one county, with the approval of the
1-17 commissioners court of each county in the district, may establish a
1-18 pretrial services [personal bond] office to gather and review
1-19 information about an accused that may have a bearing on whether the
1-20 accused [he] will comply with the conditions of bail [a personal
1-21 bond] and report its findings to each court in the county or
1-22 judicial district, as appropriate, having criminal
1-23 jurisdiction [the court before which the case is pending]. A
1-24 pretrial services office established under this subsection may
2-1 operate programs, including programs that require testing for
2-2 controlled substances, to supervise persons released on personal,
2-3 cash, or surety bond.
2-4 Sec. 2. (a) The judges of the district and statutory
2-5 county courts that are served by a pretrial services office as
2-6 provided by Section 1, with the approval of the commissioners court
2-7 of each county that established the pretrial services office, are
2-8 entitled to participate in the management of the pretrial services
2-9 office.
2-10 (b) The commissioners court of a county that establishes the
2-11 office or the district and county judges of a judicial district
2-12 that establishes or participates in the management of the office
2-13 may employ a director of the office.
2-14 (c) [(b)] The director may employ the staff authorized by
2-15 the commissioners court of the county or the commissioners court of
2-16 each county in the judicial district.
2-17 Sec. 3. If a judicial district establishes an office, each
2-18 county in the district shall pay its pro rata share of the costs of
2-19 administering the office according to its population.
2-20 Sec. 4. (a) If a court uses a pretrial services office to
2-21 release a defendant [releases an accused] on personal bond [on the
2-22 recommendation of a personal bond office], the court shall assess a
2-23 personal bond fee of $20 or three percent of the amount of the bail
2-24 fixed for the defendant [accused], whichever is greater.
2-25 (b) If a court uses a pretrial services office to provide
2-26 supervision for a defendant released on personal bond, the court
2-27 may assess, in lieu of the personal bond fee required by Subsection
3-1 (a), a supervision fee of not less than $25 or more than $40 each
3-2 month during which the defendant is under the supervision of the
3-3 pretrial services office.
3-4 (c) If a court uses a pretrial services office to provide
3-5 supervision for a defendant released on cash or surety bond, the
3-6 court may assess a supervision fee of not less than $25 or more
3-7 than $40 each month during which the defendant is under the
3-8 supervision of the pretrial services office.
3-9 (d) In assessing a fee under Subsection (a), (b), or (c),
3-10 the [The] court may:
3-11 (1) waive the fee or assess a lesser fee if good cause
3-12 is shown; or
3-13 (2) require payment of the fee as:
3-14 (A) a condition of release;
3-15 (B) a condition of the bond; or
3-16 (C) court costs.
3-17 (e) The court may require a defendant to pay costs incurred
3-18 by a pretrial services office in requiring the defendant to submit
3-19 to electronic monitoring or testing for controlled substances or to
3-20 provide the defendant with an interlock ignition device or other
3-21 services related to the supervision of the defendant.
3-22 (f) [(b)] Fees collected under this article may be used
3-23 solely to defray expenses of the pretrial services [personal bond]
3-24 office, including defraying the expenses of extradition.
3-25 (g) [(c)] Fees collected under this article shall be
3-26 deposited in the county treasury, or if the office serves more than
3-27 one county, the fees shall be apportioned to each county in the
4-1 district according to each county's pro rata share of the costs of
4-2 the office.
4-3 Sec. 5. (a) A pretrial services [personal bond pretrial
4-4 release] office established under this article shall:
4-5 (1) prepare a record containing information about any
4-6 accused person identified by case number only who, after review by
4-7 the office, is released by a court on personal bond;
4-8 (2) update the record on a monthly basis; and
4-9 (3) post a copy of the record in the office of the
4-10 clerk of the county court in any county served by the office.
4-11 (b) In preparing a record under Subsection (a), the office
4-12 shall include in the record a statement of:
4-13 (1) the offense with which the person is charged;
4-14 (2) the dates of any court appearances scheduled in
4-15 the matter that were previously unattended by the person;
4-16 (3) whether a warrant has been issued for the person's
4-17 arrest for failure to appear in accordance with the terms of the
4-18 person's release;
4-19 (4) whether the person has failed to comply with
4-20 conditions of release on personal bond; and
4-21 (5) the presiding judge or magistrate who authorized
4-22 the personal bond.
4-23 (c) This section does not apply to a pretrial
4-24 services [personal bond pretrial release] office that on January 1,
4-25 1995, was operated by a community corrections and supervision
4-26 department.
4-27 Sec. 6. (a) Not later than April 1 of each year, a pretrial
5-1 services [personal bond] office established under this article
5-2 shall submit to the commissioners court that established the office
5-3 or district and county judges that established or participate in
5-4 the management of the office an annual report containing
5-5 information about the operations of the office during the preceding
5-6 year.
5-7 (b) In preparing an annual report under Subsection (a), the
5-8 office shall include in the report a statement of:
5-9 (1) the office's operating budget;
5-10 (2) the number of positions maintained for office
5-11 staff;
5-12 (3) the number of accused persons who, after review by
5-13 the office, were released by a court on personal bond; and
5-14 (4) the number of persons described by Subdivision
5-15 (3):
5-16 (A) who were convicted of the same offense or of
5-17 any felony within the six years preceding the date on which charges
5-18 were filed in the matter pending during the person's release;
5-19 (B) who failed to attend a scheduled court
5-20 appearance;
5-21 (C) for whom a warrant was issued for the
5-22 person's arrest for failure to appear in accordance with the terms
5-23 of the person's release; or
5-24 (D) who were arrested for any other offense
5-25 while on the personal bond.
5-26 (c) This section does not apply to a pretrial
5-27 services [personal bond pretrial release] office that on January 1,
6-1 1995, was operated by a community corrections and supervision
6-2 department.
6-3 SECTION 3. Article 17.03(g), Code of Criminal Procedure, is
6-4 repealed.
6-5 SECTION 4. The change in law made by this Act to Section 4,
6-6 Article 17.42, Code of Criminal Procedure, applies only to a person
6-7 released on bond on or after the effective date of this Act.
6-8 SECTION 5. This Act takes effect September 1, 1999.
6-9 SECTION 6. The importance of this legislation and the
6-10 crowded condition of the calendars in both houses create an
6-11 emergency and an imperative public necessity that the
6-12 constitutional rule requiring bills to be read on three several
6-13 days in each house be suspended, and this rule is hereby suspended.