By Talton                                              H.B. No. 452
         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 operation of certain programs by, and the
 1-3     imposition of certain fees and costs for, personal bond offices.
 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 in the county or judicial district, as
1-14     appropriate, having criminal jurisdiction.  A personal bond office
1-15     may 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                 (1)  shall assess either a personal bond fee or a
1-22     supervision fee for a defendant released on personal bond; or
 2-1                 (2)  may assess a supervision fee for a defendant
 2-2     released on surety bond or cash bond.
 2-3           (b)  The amount of a personal bond fee assessed under
 2-4     Subsection (a) shall be [releases an accused on personal bond on
 2-5     the recommendation of a personal bond office, the court shall
 2-6     assess a personal bond fee of] $20 or three percent of the amount
 2-7     of the bail fixed for the accused, whichever is greater.
 2-8           (c)  The amount of a supervision fee assessed under
 2-9     Subsection (a) shall be not less than $25 or more than $40 each
2-10     month during which the defendant is under the supervision of the
2-11     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 requiring the defendant to submit to
2-22     electronic monitoring or testing for controlled substances or to
2-23     provide the defendant with an interlock ignition device or other
2-24     services related to the supervision of the defendant.
2-25           (f) [(b)]  Fees collected under this article may be used
2-26     solely to defray expenses of the personal bond office, including
 3-1     defraying the expenses of extradition.
 3-2           (g) [(c)]  Fees collected under this article shall be
 3-3     deposited in the county treasury, or if the office serves more than
 3-4     one county, the fees shall be apportioned to each county in the
 3-5     district according to each county's pro rata share of the costs of
 3-6     the office.
 3-7           SECTION 2.  Subsection (g), Article 17.03, Code of Criminal
 3-8     Procedure, is repealed.
 3-9           SECTION 3.  (a)  This Act takes effect September 1, 2001.
3-10           (b)  The change in law made by this Act to Section 4, Article
3-11     17.42, Code of Criminal Procedure, applies only to a person
3-12     released on bond on or after the effective date of this Act.