HBA-CBW H.B. 452 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 452
By: Talton
Criminal Jurisprudence
3/18/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, courts may assess personal bond fees for defendants released on
personal bond to defray the costs of personal bond offices.  However, in
large counties such as Harris County, the office oversees many defendants
released on cash or surety bonds. Moreover, courts often order defendants
to undergo electronic monitoring and drug testing or install an interlock
ignition device  in a vehicle through personal bond offices, but the
offices have no way to recover the costs of supervising a defendant's
compliance with these conditions. House Bill 452 authorizes the court to
require a defendant to pay costs incurred by a personal bond office in
requiring a defendant to submit to certain monitoring or programs. 

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. 

ANALYSIS

House Bill 452 amends the Code of Criminal Procedure to provide that, if a
personal bond office is established, the  personal bond office is to report
its findings, as appropriate, to each court in the county or judicial
district having criminal jurisdiction.  The bill authorizes a personal bond
office to operate programs, including programs that require testing for
controlled substances, to supervise persons released on personal, cash, or
surety bond. The bill provides that,  if a court uses the personal bond
office to release a defendant on personal bond or to provide supervision of
a defendant released on a personal, cash, or surety bond, the court is
required to assess a personal bond fee or a supervision fee for a defendant
released on personal bond or is authorized to assess a supervision fee for
a defendant released on surety bond or cash bond. The bill sets forth
guidelines for the assessment of personal bond and supervision fees. The
bill authorizes the court to require a defendant to pay costs incurred by a
personal bond office in requiring the defendant to submit to  electronic
monitoring or testing for controlled substances or to provide the defendant
with an interlock ignition device or other services related to the
supervision of the defendant.  
EFFECTIVE DATE

September 1, 2001.