By Talton H.B. No. 831
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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. (a) 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 country or
2-1 judicial district, as appropriate, having criminal jurisdiction
2-2 [the court before which the case is pending]. A pretrial services
2-3 office established under this subsection may operate programs,
2-4 including programs that require testing for controlled substances,
2-5 to supervise:
2-6 (1) persons released on personal, cash, or surety
2-7 bond; and
2-8 (2) defendants placed on community supervision.
2-9 Sec. 2. (a) The judges of the district and statutory county
2-10 courts that are served by a pretrial services office as provided by
2-11 Section 1, with the approval of the commissioners court of each
2-12 county that established the pretrial services office, are entitled
2-13 to participate in the management of the pretrial services office.
2-14 (b) The commissioners court of a county that establishes the
2-15 office or the district and county judges of a judicial district
2-16 that establishes or participates in the management of the office
2-17 may employ a director of the office.
2-18 (c) [(b)] The director may employ the staff authorized by
2-19 the commissioners court of the county or the commissioners court of
2-20 each county in the judicial district.
2-21 Sec. 3. If a judicial district establishes an office, each
2-22 county in the district shall pay its pro rata share of the costs of
2-23 administering the office according to its population.
2-24 Sec. 4. (a) If a court releases an accused on personal bond
2-25 based on a report received from a pretrial services [the
3-1 recommendation of a personal bond] office, the court shall assess a
3-2 personal bond fee of $30 [$20 or three percent of the amount of the
3-3 bail fixed for the accused, whichever is greater].
3-4 (b) If a court places a defendant under the supervision of a
3-5 pretrial services office, the court shall assess a fee of not less
3-6 than $25 or more than $40 each month during which the defendant is
3-7 under the supervision of the pretrial services office.
3-8 (c) In assessing a fee under Subsection (a) or (b), the
3-9 [The] court may:
3-10 (1) waive the fee or assess a lesser fee if good cause
3-11 is shown; or
3-12 (2) require payment of the fee as:
3-13 (A) a condition of release;
3-14 (B) a condition of the bond; or
3-15 (C) court costs.
3-16 (d) The court may require a defendant to pay costs incurred
3-17 by a pretrial services office in requiring the defendant to submit
3-18 to electronic monitoring or urinalysis or to provide the defendant
3-19 with an interlock ignition device or other services related to the
3-20 supervision of the defendant.
3-21 (e) [(b)] Fees collected under this article may be used
3-22 solely to defray expenses of the pretrial services [personal bond]
3-23 office, including defraying the expenses of extradition.
3-24 (f) [(c)] Fees collected under this article shall be
3-25 deposited in the county treasury, or if the office serves more than
4-1 one county, the fees shall be apportioned to each county in the
4-2 district according to each county's pro rata share of the costs of
4-3 the office.
4-4 Sec. 5. (a) A pretrial services [personal bond pretrial
4-5 release] office established under this article shall:
4-6 (1) prepare a record containing information about any
4-7 accused person identified by case number only who, after review by
4-8 the office, is released by a court on personal bond;
4-9 (2) update the record on a monthly basis; and
4-10 (3) post a copy of the record in the office of the
4-11 clerk of the county court in any county served by the office.
4-12 (b) In preparing a record under Subsection (a), the office
4-13 shall include in the record a statement of:
4-14 (1) the offense with which the person is charged;
4-15 (2) the dates of any court appearances scheduled in
4-16 the matter that were previously unattended by the person;
4-17 (3) whether a warrant has been issued for the person's
4-18 arrest for failure to appear in accordance with the terms of the
4-19 person's release;
4-20 (4) whether the person has failed to comply with
4-21 conditions of release on personal bond; and
4-22 (5) the presiding judge or magistrate who authorized
4-23 the personal bond.
4-24 (c) This section does not apply to a pretrial services
4-25 [personal bond pretrial release] office that on January 1, 1995,
5-1 was operated by a community corrections and supervision department.
5-2 Sec. 6. (a) Not later than April 1 of each year, a pretrial
5-3 services [personal bond] office established under this article
5-4 shall submit to the commissioners court that established the office
5-5 or district and county judges that established or participate in
5-6 the management of the office an annual report containing
5-7 information about the operations of the office during the preceding
5-8 year.
5-9 (b) In preparing an annual report under Subsection (a), the
5-10 office shall include in the report a statement of:
5-11 (1) the office's operating budget;
5-12 (2) the number of positions maintained for office
5-13 staff;
5-14 (3) the number of accused persons who, after review by
5-15 the office, were released by a court on personal bond; and
5-16 (4) the number of persons described by Subdivision
5-17 (3):
5-18 (A) who were convicted of the same offense or of
5-19 any felony within the six years preceding the date on which charges
5-20 were filed in the matter pending during the person's release;
5-21 (B) who failed to attend a scheduled court
5-22 appearance;
5-23 (C) for whom a warrant was issued for the
5-24 person's arrest for failure to appear in accordance with the terms
5-25 of the person's release; or
6-1 (D) who were arrested for any other offense
6-2 while on the personal bond.
6-3 (c) This section does not apply to a pretrial services
6-4 [personal bond pretrial release] office that on January 1, 1995,
6-5 was operated by a community corrections and supervision department.
6-6 SECTION 3. Article 17.03(g), Code of Criminal Procedure, is
6-7 repealed.
6-8 SECTION 4. The change in law made by this Act to Section 4,
6-9 Article 17.42, Code of Criminal Procedure, applies only to a person
6-10 released on bond or a defendant placed on community supervision on
6-11 or after the effective date of this Act.
6-12 SECTION 5. This Act takes effect September 1, 1999.
6-13 SECTION 6. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended.