1-1 By: Ellis S.B. No. 799
1-2 (In the Senate - Filed March 2, 1999; March 3, 1999, read
1-3 first time and referred to Committee on Jurisprudence;
1-4 April 28, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 4, Nays 0; April 28, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 799 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the administration and operation of a pretrial services
1-11 office and the imposition of certain fees and costs.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Article 17.031, Code of Criminal
1-14 Procedure, is amended to read as follows:
1-15 (b) If there is a pretrial services [personal bond] office
1-16 in the county from which the warrant for arrest was issued, the
1-17 court releasing a defendant on the defendant's [his] personal bond
1-18 will forward a copy of the personal bond to the pretrial services
1-19 [personal bond] office in that county.
1-20 SECTION 2. Article 17.42, Code of Criminal Procedure, is
1-21 amended to read as follows:
1-22 Art. 17.42. Pretrial Services [Personal Bond] OFFICE
1-23 Sec. 1. (a) Any county, or any judicial district with
1-24 jurisdiction in more than one county, with the approval of the
1-25 commissioners court of each county in the district, may establish a
1-26 pretrial services [personal bond] office to gather and review
1-27 information about an accused that may have a bearing on whether the
1-28 accused [he] will comply with the conditions of bail [a personal
1-29 bond] and report its findings to each court in the county or
1-30 judicial district, as appropriate, having criminal jurisdiction
1-31 [the court before which the case is pending]. A pretrial services
1-32 office established under this subsection may operate programs,
1-33 including programs that require testing for controlled substances,
1-34 to supervise persons released on personal, cash, or surety bond.
1-35 Sec. 2. (a) The judges of the district and statutory county
1-36 courts that are served by a pretrial services office as provided by
1-37 Section 1, with the approval of the commissioners court of each
1-38 county that established the pretrial services office, are entitled
1-39 to participate in the management of the pretrial services office.
1-40 (b) The commissioners court of a county that establishes the
1-41 office or the district and county judges of a judicial district
1-42 that establishes or participates in the management of the office
1-43 may employ a director of the office.
1-44 (c) [(b)] The director may employ the staff authorized by
1-45 the commissioners court of the county or the commissioners court of
1-46 each county in the judicial district.
1-47 Sec. 3. If a judicial district establishes an office, each
1-48 county in the district shall pay its pro rata share of the costs of
1-49 administering the office according to its population.
1-50 Sec. 4. (a) If a court uses the pretrial services office to
1-51 release a defendant on personal bond or to provide supervision of a
1-52 defendant released on a personal, cash, or surety bond, the court:
1-53 (1) shall assess either a personal bond fee or a
1-54 supervision fee for a defendant released on personal bond; or
1-55 (2) may assess a supervision fee for a defendant
1-56 released on surety or cash bond.
1-57 (b) The amount of a personal bond fee assessed under
1-58 Subsection (a) shall be [releases an accused on personal bond on
1-59 the recommendation of a personal bond office, the court shall
1-60 assess a personal bond fee of] $20 or three percent of the amount
1-61 of the bail fixed for the accused, whichever is greater.
1-62 (c) The amount of a supervision fee assessed under
1-63 Subsection (a) shall be not less than $25 or more than $40 each
1-64 month during which the defendant is under the supervision of the
2-1 pretrial services office.
2-2 (d) In assessing a fee under Subsection (a), the [The] court
2-3 may:
2-4 (1) waive the fee or assess a lesser fee if good cause
2-5 is shown; or
2-6 (2) require payment of the fee as:
2-7 (A) a condition of release;
2-8 (B) a condition of the bond; or
2-9 (C) court costs.
2-10 (e) The court may require a defendant to pay costs incurred
2-11 by a pretrial services office in requiring the defendant to submit
2-12 to electronic monitoring or testing for controlled substances or to
2-13 provide the defendant with an interlock ignition device or other
2-14 services related to the supervision of the defendant.
2-15 (f) [(b)] Fees collected under this article may be used
2-16 solely to defray expenses of the pretrial services [personal bond]
2-17 office, including defraying the expenses of extradition.
2-18 (g) [(c)] Fees collected under this article shall be
2-19 deposited in the county treasury, or if the office serves more than
2-20 one county, the fees shall be apportioned to each county in the
2-21 district according to each county's pro rata share of the costs of
2-22 the office.
2-23 Sec. 5. (a) A pretrial services [personal bond pretrial
2-24 release] office established under this article shall:
2-25 (1) prepare a record containing information about any
2-26 accused person identified by case number only who, after review by
2-27 the office, is released by a court on personal bond;
2-28 (2) update the record on a monthly basis; and
2-29 (3) post a copy of the record in the office of the
2-30 clerk of the county court in any county served by the office.
2-31 (b) In preparing a record under Subsection (a), the office
2-32 shall include in the record a statement of:
2-33 (1) the offense with which the person is charged;
2-34 (2) the dates of any court appearances scheduled in
2-35 the matter that were previously unattended by the person;
2-36 (3) whether a warrant has been issued for the person's
2-37 arrest for failure to appear in accordance with the terms of the
2-38 person's release;
2-39 (4) whether the person has failed to comply with
2-40 conditions of release on personal bond; and
2-41 (5) the presiding judge or magistrate who authorized
2-42 the personal bond.
2-43 (c) This section does not apply to a pretrial services
2-44 [personal bond pretrial release] office that on January 1, 1995,
2-45 was operated by a community corrections and supervision department.
2-46 Sec. 6. (a) Not later than April 1 of each year, a pretrial
2-47 services [personal bond] office established under this article
2-48 shall submit to the commissioners court that established the office
2-49 or district and county judges that established or participate in
2-50 the management of the office an annual report containing
2-51 information about the operations of the office during the preceding
2-52 year.
2-53 (b) In preparing an annual report under Subsection (a), the
2-54 office shall include in the report a statement of:
2-55 (1) the office's operating budget;
2-56 (2) the number of positions maintained for office
2-57 staff;
2-58 (3) the number of accused persons who, after review by
2-59 the office, were released by a court on personal bond; and
2-60 (4) the number of persons described by Subdivision
2-61 (3):
2-62 (A) who were convicted of the same offense or of
2-63 any felony within the six years preceding the date on which charges
2-64 were filed in the matter pending during the person's release;
2-65 (B) who failed to attend a scheduled court
2-66 appearance;
2-67 (C) for whom a warrant was issued for the
2-68 person's arrest for failure to appear in accordance with the terms
2-69 of the person's release; or
3-1 (D) who were arrested for any other offense
3-2 while on the personal bond.
3-3 (c) This section does not apply to a pretrial services
3-4 [personal bond pretrial release] office that on January 1, 1995,
3-5 was operated by a community corrections and supervision department.
3-6 SECTION 3. Subsection (g), Article 17.03, Code of Criminal
3-7 Procedure, is repealed.
3-8 SECTION 4. The change in law made by this Act to Section 4,
3-9 Article 17.42, Code of Criminal Procedure, applies only to a person
3-10 released on bond or a defendant placed on community supervision on
3-11 or after the effective date of this Act.
3-12 SECTION 5. This Act takes effect September 1, 1999.
3-13 SECTION 6. The importance of this legislation and the
3-14 crowded condition of the calendars in both houses create an
3-15 emergency and an imperative public necessity that the
3-16 constitutional rule requiring bills to be read on three several
3-17 days in each house be suspended, and this rule is hereby suspended.
3-18 * * * * *