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A BILL TO BE ENTITLED
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AN ACT
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relating to bail proceedings and related duties of a magistrate in a |
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criminal case. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 1.07, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 1.07. RIGHT TO BAIL. (a) Except as provided by |
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Subsection (b) or Chapter 17, any person [All prisoners] shall be |
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eligible for bail, [bailable] unless the person is accused of a |
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[for] capital offense for which [offenses when] the proof is |
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evident. This provision shall not be [so] construed [as] to prevent |
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bail after indictment found upon examination of the evidence, in |
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such manner as may be prescribed by law. |
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(b) A person charged with an offense listed in Article |
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42A.054 may be denied bail pending trial if a judge or magistrate |
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determines by clear and convincing evidence that requiring bail and |
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conditions of release is insufficient to reasonably ensure: |
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(1) the person's appearance in court as required; or |
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(2) the safety of the community or the victim of the |
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alleged offense. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Articles 17.027, 17.028, 17.034, 17.035, 17.036, |
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and 17.037 to read as follows: |
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Art. 17.027. DENIAL OF BAIL. A magistrate who denies a |
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defendant's bail as authorized by Article 1.07(b) shall inform the |
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defendant that the defendant is entitled to a bail review hearing |
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under Article 17.034 and, as soon as practicable but not later than |
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24 hours after denying bail, issue a written order of denial that |
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includes findings of fact and a statement of the magistrate's |
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reasons for the denial. |
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Art. 17.028. BAIL SCHEDULE. A judge may not adopt a bail |
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schedule or enter a standing order related to bail that is |
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inconsistent with the laws of this state. |
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Art. 17.034. BAIL REVIEW HEARING REQUIRED. (a) As soon as |
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practicable after a defendant's bail is denied, but not later than |
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the 10th day after the date the magistrate issues the written order |
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denying bail as described by Article 17.027, the court in which the |
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defendant's case is pending shall conduct a hearing regarding |
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whether to detain the defendant pending the trial of the offense. |
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(b) A defendant may voluntarily and intelligently waive in |
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writing the defendant's right to a bail review hearing. The court |
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or the attorney representing the state may not direct or encourage |
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the defendant to waive the defendant's right to a bail review |
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hearing. A waiver under this subsection shall be filed with and |
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become part of the record of the proceedings. A waiver obtained in |
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violation of this subsection is presumed invalid. A defendant may |
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withdraw a waiver under this subsection at any time. |
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(c) A defendant is entitled to be represented by counsel at |
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a bail review hearing, and an indigent defendant is entitled to have |
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counsel appointed to represent the defendant for that purpose. |
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(d) The defendant may present any relevant information at |
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the bail review hearing, including by testifying, presenting |
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witnesses, and cross-examining witnesses presented by the attorney |
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representing the state. |
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(e) The rules of evidence applicable to criminal trials do |
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not apply to a bail review hearing. The defendant or the attorney |
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representing the state may request a proffer of a witness's |
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testimony before the witness is presented. |
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(f) A defendant may not use a bail review hearing to: |
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(1) seek discovery or conduct an examining trial; or |
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(2) harass a victim of or witness to the alleged |
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offense. |
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(g) At any time during the period occurring after the bail |
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review hearing concludes and before the trial of the offense |
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commences, and regardless of whether the defendant was released or |
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confined as a result of that hearing, the court may reopen the bail |
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review hearing based on new information that the court determines |
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is material to the issue of whether monetary bail or conditions of |
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release will reasonably ensure the defendant's appearance in court |
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as required and the safety of the community and the victim of the |
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alleged offense. |
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Art. 17.035. BAIL REVIEW HEARING: FINDING AND ORDER. (a) |
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In a bail review hearing, the court shall consider: |
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(1) the nature and circumstances of the offense |
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charged; |
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(2) the weight of the evidence against the defendant, |
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including whether the evidence is likely to be admissible in the |
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trial of the offense; |
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(3) the history and characteristics of the defendant, |
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including: |
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(A) the defendant's character, physical and |
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mental condition, family ties, employment, financial resources, |
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length of residence in and other ties to the community, past |
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conduct, criminal history including any prior offenses involving |
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peace officers, history relating to drug or alcohol abuse, and |
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history of attendance at court proceedings; and |
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(B) whether, at the time of the offense, the |
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defendant was on community supervision, parole, or mandatory |
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supervision or was otherwise released pending trial, sentencing, |
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or appeal for any offense, including an offense under federal law or |
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the law of another state; |
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(4) the nature and seriousness of the danger to the |
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community or the victim of the alleged offense as a result of the |
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defendant's release on bail, if applicable; |
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(5) the nature and seriousness of the risk of |
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obstruction to the criminal justice process as a result of the |
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defendant's release on bail, if applicable; |
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(6) the results of any pretrial risk assessment of the |
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defendant; and |
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(7) any other relevant information. |
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(b) After the bail review hearing, the judge shall authorize |
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the defendant's release on bail unless the judge finds by clear and |
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convincing evidence that requiring bail and conditions of release |
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is insufficient to reasonably ensure the defendant's appearance in |
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court as required or the safety of the community or the victim of |
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the alleged offense. If the judge makes the finding described by |
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this subsection, the judge shall: |
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(1) deny the defendant's bail; and |
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(2) issue a written order of denial that includes |
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findings of fact and a statement of the judge's reasons for the |
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denial. |
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Art. 17.036. BAIL REVIEW HEARING: CONTINUANCE. Except for |
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good cause shown, the court may not authorize a continuance for more |
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than five days, excluding weekends and legal holidays. |
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Art. 17.037. BAIL REVIEW HEARING: APPEAL. A defendant is |
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entitled to appeal a denial of bail. The defendant shall be |
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detained in jail pending the appeal. The court of criminal appeals |
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shall adopt rules accelerating the disposition by the appellate |
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court and the court of criminal appeals of an appeal under this |
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article. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.251 to read as follows: |
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Art. 17.251. NOTIFICATION OF CONDITIONS OF RELEASE. (a) A |
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magistrate authorizing a defendant's release on bail shall, if |
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applicable, provide written notice to the defendant of: |
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(1) the conditions of the defendant's release; and |
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(2) the penalties of violating a condition of release, |
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including the defendant's arrest. |
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(b) The notice under Subsection (a) must be provided in a |
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manner that is sufficiently clear and specific to serve as a guide |
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for the defendant's conduct while released. |
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SECTION 4. The change in law made by this Act applies only |
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to a person who is arrested on or after September 1, 2020. A person |
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arrested before September 1, 2020, is governed by the law in effect |
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immediately before the effective date of this Act, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2019. |
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(b) Sections 1 and 2 of this Act take effect December 1, |
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2019, but only if the constitutional amendment proposed by the 86th |
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Legislature, Regular Session, 2019, is approved by the voters to |
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authorize the denial of bail to an accused person if necessary to |
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ensure the person's appearance in court and the safety of the |
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community and the victim of the alleged offense. If that amendment |
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is not approved by the voters, Sections 1 and 2 of this Act have no |
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effect. |