BILL ANALYSIS

 

 

Senate Research Center

S.B. 965

84R11438 KJE-D

By: Bettencourt

 

Criminal Justice

 

3/20/2015

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Monthly, a report  of persons released by the court on personal bond must be compiled on a monthly basis and filed with the clerk of the county.  The code is misleading in that it gives the impression that all of these cases are handled by the county clerk.

 

In Harris County, the county clerk handles county civil cases while the district clerk handles county criminal cases.  In all other counties in Texas, the county clerk handles both county civil and criminal cases.

 

The Code of Criminal Procedure needs to be modified in a manner to recognize Harris County's regular order of business.

 

As proposed, S.B. 965 amends current law relating to the filing of a copy of certain records related to the release of an accused person on personal bond.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 5(a), Article 17.42, Code of Criminal Procedure, to require a personal bond pretrial release office established under this article to file a copy of the record with the district or county clerk, as applicable based on court jurisdiction over the categories of offenses addressed in the records, in any county served by the office, rather than file a copy of the record in the office of the clerk of the county court in any county served by the office.

 

SECTION 2. Effective date: September 1, 2015.