By Ellis                                               S.B. No. 799
         76R6737 JMC-F                           
                                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 to 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 jurisdiction
1-23     [the court before which the case is pending].  A pretrial services
1-24     office established under this subsection may operate programs,
 2-1     including programs that require  testing for controlled substances,
 2-2     to supervise:
 2-3                 (1)  persons released on personal, cash, or surety
 2-4     bond; or
 2-5                 (2)  defendants placed on community supervision.
 2-6           Sec. 2.   (a)  The judges of the district and statutory
 2-7     county courts that are served by a pretrial services office as
 2-8     provided by Section 1, with  the approval of the commissioners
 2-9     court of each county that established the pretrial services office,
2-10     are entitled to participate in the management of the pretrial
2-11     services office.
2-12           (b)  The commissioners court of a county that establishes the
2-13     office or the district and county judges of a judicial district
2-14     that establishes or participates in the management of the office
2-15     may employ a director of the office.
2-16           (c) [(b)]  The director may employ the staff authorized by
2-17     the commissioners court of the county or the commissioners court of
2-18     each county in  the judicial district.
2-19           Sec. 3.  If a judicial district establishes an office, each
2-20     county in the district shall pay its pro rata share of the costs of
2-21     administering the office according to its population.
2-22           Sec. 4.   (a)  If a court releases an accused on personal
2-23     bond based on a report received from a pretrial services [the
2-24     recommendation of a personal bond] office, the court shall assess a
2-25     personal bond fee of $30 [$20 or three percent of the amount of the
2-26     bail fixed for  the accused, whichever is greater].
2-27           (b)  If a court places a defendant under the supervision of a
 3-1     pretrial services office, the court shall assess a fee of not less
 3-2     than $25 or  more than $40 each month during which the defendant is
 3-3     under the supervision of the pretrial services office.
 3-4           (c)  In assessing a fee under Subsection (a) or (b), the
 3-5     [The] court may:
 3-6                 (1)  waive the fee or assess a lesser fee if good cause
 3-7     is shown; or
 3-8                 (2)  require payment of the fee as:
 3-9                       (A)  a condition of release;
3-10                       (B)  a condition of the bond; or
3-11                       (C)  court costs.
3-12           (d)  The court may require a defendant to pay costs incurred
3-13     by a pretrial services office in requiring the defendant to submit
3-14     to electronic monitoring or urinalysis or to provide the defendant
3-15     with an interlock ignition device or other services related to the
3-16     supervision of the defendant.
3-17           (e) [(b)]  Fees collected under this article may be used
3-18     solely to defray expenses of the pretrial services [personal bond]
3-19     office, including defraying the expenses of extradition.
3-20           (f) [(c)]  Fees collected under this article shall be
3-21     deposited in the county treasury, or if the office serves more than
3-22     one county, the fees shall be apportioned to each county in the
3-23     district according to each county's pro rata share of the costs of
3-24     the office.
3-25           Sec. 5.   (a)  A pretrial services [personal bond pretrial
3-26     release] office established under this article shall:
3-27                 (1)  prepare a record containing information about any
 4-1     accused person identified by case number only who, after review by
 4-2     the office, is released by a court on personal bond;
 4-3                 (2)  update the record on a monthly basis; and
 4-4                 (3)  post a copy of the record in the office of the
 4-5     clerk of the county court in any county served by the office.
 4-6           (b)  In preparing a record under Subsection (a), the office
 4-7     shall include in the record a statement of:
 4-8                 (1)  the offense with which the person is charged;
 4-9                 (2)  the dates of any court appearances scheduled in
4-10     the matter that were previously unattended by the person;
4-11                 (3)  whether a warrant has been issued for the person's
4-12     arrest for failure to appear in accordance with the terms of the
4-13     person's release;
4-14                 (4)  whether the person has failed to comply with
4-15     conditions of release on personal bond; and
4-16                 (5)  the presiding judge or magistrate who authorized
4-17     the personal bond.
4-18           (c)  This section does not apply to a pretrial services
4-19     [personal bond pretrial release] office that on January 1, 1995,
4-20     was operated by a community corrections and supervision department.
4-21           Sec. 6.   (a)  Not later than April 1 of each year, a
4-22     pretrial services [personal bond] office established under this
4-23     article shall submit to  the commissioners court that established
4-24     the office or district and county judges that established or
4-25     participate in the management of the office an annual report
4-26     containing information about the operations of the office during
4-27     the preceding year.
 5-1           (b)  In preparing an annual report under Subsection (a), the
 5-2     office shall include in the report a statement of:
 5-3                 (1)  the office's operating budget;
 5-4                 (2)  the number of positions maintained for office
 5-5     staff;
 5-6                 (3)  the number of accused persons who, after review by
 5-7     the office, were released by a court on personal bond; and
 5-8                 (4)  the number of persons described by Subdivision
 5-9     (3):
5-10                       (A)  who were convicted of the same offense or of
5-11     any felony within the six years preceding the date on which charges
5-12     were filed in the matter pending during the person's release;
5-13                       (B)  who failed to attend a scheduled court
5-14     appearance;
5-15                       (C)  for whom a warrant was issued for the
5-16     person's arrest for failure to appear in accordance with the terms
5-17     of the person's release; or
5-18                       (D)  who were arrested for any other offense
5-19     while on the personal bond.
5-20           (c)  This section does not apply to a pretrial services
5-21     [personal bond pretrial release] office that on January 1, 1995,
5-22     was operated by a community corrections and supervision department.
5-23           SECTION 3.  Article 17.03(g), Code of Criminal Procedure, is
5-24     repealed.
5-25           SECTION 4.  The change in law made by this Act to Section 4,
5-26     Article 17.42, Code of Criminal Procedure, applies only to a person
5-27     released on bond or a defendant placed on community supervision on
 6-1     or after the effective date of this Act.
 6-2           SECTION 5.  This Act takes effect September 1, 1999.
 6-3           SECTION 6.  The importance of this legislation and the
 6-4     crowded condition of the calendars in both houses create an
 6-5     emergency and an imperative public necessity that the
 6-6     constitutional rule requiring bills to be read on three several
 6-7     days in each house be suspended, and this rule is hereby suspended.