77R6027 ATP-D
By Talton H.B. No. 452
Substitute the following for H.B. No. 452:
By Talton C.S.H.B. No. 452
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of certain programs by personal bond
1-3 offices 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. Sections 1 and 4, Article 17.42, Code of Criminal
1-6 Procedure, are amended to read as follows:
1-7 Sec. 1. Any county, or any judicial district with
1-8 jurisdiction in more than one county, with the approval of the
1-9 commissioners court of each county in the district, may establish a
1-10 personal bond office to gather and review information about an
1-11 accused that may have a bearing on whether the accused [he] will
1-12 comply with the conditions of a personal bond and report its
1-13 findings to each court having criminal jurisdiction in the county
1-14 or judicial district, as appropriate. A personal bond office may
1-15 operate programs, including programs that require testing for
1-16 controlled substances, to supervise persons released on personal,
1-17 cash, or surety bond [the court before which the case is pending].
1-18 Sec. 4. (a) If a court uses the personal bond office to
1-19 release a defendant on personal bond or to provide supervision of a
1-20 defendant released on a personal, cash, or surety bond, the court
1-21 shall assess:
1-22 (1) a personal bond fee or a supervision fee for a
1-23 defendant released on a personal bond; or
1-24 (2) a supervision fee for a defendant released on a
2-1 cash or surety bond.
2-2 (b) A court assessing a personal bond fee under Subsection
2-3 (a) shall assess the fee in an amount equal to the greater
2-4 [releases an accused on personal bond on the recommendation of a
2-5 personal bond office, the court shall assess a personal bond fee]
2-6 of $20 or three percent of the amount of the bail fixed for the
2-7 accused[, whichever is greater].
2-8 (c) A court assessing a supervision fee under Subsection (a)
2-9 shall assess the fee in an amount not less than $25 and not more
2-10 than $40 for each month during which the defendant is under the
2-11 supervision of the personal bond office.
2-12 (d) In assessing a fee under Subsection (a), the [The] court
2-13 may:
2-14 (1) waive the fee or assess a lesser fee if good cause
2-15 is shown; or
2-16 (2) require payment of the fee as:
2-17 (A) a condition of release;
2-18 (B) a condition of the bond; or
2-19 (C) court costs.
2-20 (e) The court may require a defendant to pay costs incurred
2-21 by a personal bond office in:
2-22 (1) requiring the defendant to submit to electronic
2-23 monitoring or testing for controlled substances;
2-24 (2) providing the defendant with an interlock ignition
2-25 device; or
2-26 (3) providing other services related to the
2-27 supervision of the defendant.
3-1 (f) [(b)] Fees collected under this article may be used
3-2 solely to defray expenses of the personal bond office, including
3-3 defraying the expenses of extradition.
3-4 (g) [(c)] Fees collected under this article shall be
3-5 deposited in the county treasury, or if the office serves more than
3-6 one county, the fees shall be apportioned to each county in the
3-7 district according to each county's pro rata share of the costs of
3-8 the office.
3-9 SECTION 2. Subsection (g), Article 17.03, Code of Criminal
3-10 Procedure, is repealed.
3-11 SECTION 3. (a) This Act takes effect September 1, 2001.
3-12 (b) The repeal of Subsection (g), Article 17.03, Code of
3-13 Criminal Procedure, by this Act and the change in law to Section 4,
3-14 Article 17.42, Code of Criminal Procedure, made by this Act apply
3-15 only to a person released on bond on or after the effective date of
3-16 this Act.