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.