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A BILL TO BE ENTITLED
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AN ACT
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relating to bail release decisions in criminal cases and the |
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payment of certain costs by a defendant released on bail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.03, Code of Criminal Procedure, is |
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amended by adding Subsection (e-1) to read as follows: |
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(e-1) A magistrate may not require a defendant who is |
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indigent to pay the cost of testing for alcohol or controlled |
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substances required under this article. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.145 to read as follows: |
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Art. 17.145. BAIL RELEASE POLICY. (a) The district judges |
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with criminal jurisdiction in each judicial district shall adopt a |
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policy establishing recommended bail release decisions for any |
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misdemeanor or felony offense pending in that district. A policy |
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must: |
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(1) be evidence-based; |
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(2) make a recommendation regarding a defendant's |
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release on bail for each offense according to the following |
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categories: |
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(A) release on a personal bond without |
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conditions; |
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(B) release on a personal bond with conditions; |
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(C) release on a bail bond without conditions; |
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(D) release on a bail bond with conditions; or |
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(E) denial of release on bail; and |
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(3) include recommended bail amounts, as applicable. |
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(b) A court, judge, magistrate, or officer may not use a |
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bail schedule in setting bail unless the schedule is part of a |
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policy adopted under this article. |
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SECTION 3. Article 17.43, Code of Criminal Procedure, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A magistrate may not require a defendant who is indigent |
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to pay the cost of electronic monitoring required under this |
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article. |
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SECTION 4. Article 17.44, Code of Criminal Procedure, is |
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amended by adding Subsection (f) to read as follows: |
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(f) A magistrate may not require a defendant who is indigent |
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to pay the cost of electronic monitoring or testing for controlled |
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substances required under this article. |
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SECTION 5. Article 17.441, Code of Criminal Procedure, is |
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amended by adding Subsection (e) to read as follows: |
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(e) A magistrate may not require a defendant who is indigent |
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to pay the cost of installing or monitoring a device required under |
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this article. |
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SECTION 6. Article 17.49(h), Code of Criminal Procedure, is |
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amended to read as follows: |
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(h) If the magistrate determines that a defendant is |
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indigent, the magistrate may not [, based on a sliding scale
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established by local rule,] require the defendant to pay the costs |
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under Subsection (b)(2) or (3) [in an amount that is less than the
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full amount of the costs associated with operating the global
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positioning monitoring system in relation to the defendant or
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providing the victim with an electronic receptor device]. |
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SECTION 7. Subchapter B, Chapter 22, Government Code, is |
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amended by adding Section 22.113 to read as follows: |
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Sec. 22.113. DUTIES REGARDING BAIL RELEASE. (a) The court |
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of criminal appeals shall require each judicial district to collect |
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and report information to the court regarding the pretrial release |
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of defendants in the district. The court of criminal appeals shall |
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specify the information to be collected and the frequency of |
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reporting. |
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(b) The court of criminal appeals may adopt rules as |
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necessary to implement this section and Article 17.145, Code of |
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Criminal Procedure. |
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SECTION 8. Article 17.49(i), Code of Criminal Procedure, is |
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repealed. |
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SECTION 9. Not later than January 1, 2020, each judicial |
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district shall: |
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(1) adopt the policy required by Article 17.145, Code |
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of Criminal Procedure, as added by this Act; and |
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(2) submit a report to the court of criminal appeals |
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that includes: |
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(A) the policy adopted by the district; and |
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(B) a description of the factors considered by |
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the district in adopting the policy. |
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SECTION 10. This Act takes effect September 1, 2017. |