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A BILL TO BE ENTITLED
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AN ACT
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relating to the pretrial release of a defendant. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Articles 17.027 and 17.028 to read as follows: |
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Art. 17.027. PRETRIAL RISK ASSESSMENT. (a) A magistrate |
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considering the release on bail of a defendant charged with an |
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offense punishable as a Class B misdemeanor or any higher category |
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of offense shall use the results of a pretrial risk assessment of |
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the defendant in making a pretrial release decision under Article |
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17.028. |
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(b) The risk assessment must be conducted using an |
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instrument that: |
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(1) is objective, validated for its intended use, and |
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standardized; |
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(2) is based on an analysis of empirical data; and |
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(3) considers only risk factors relevant to the risk |
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of: |
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(A) a defendant failing to appear in court as |
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required; and |
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(B) danger to the community or the victim of the |
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alleged offense as a result of the defendant's pretrial release. |
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(c) The results of the risk assessment must be provided to |
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the magistrate without unnecessary delay but not later than 48 |
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hours after the defendant's arrest. |
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Art. 17.028. PRETRIAL RELEASE DECISION. (a) Without |
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unnecessary delay but not later than 48 hours after a defendant is |
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arrested, a magistrate shall order, after considering all |
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circumstances, the results of the pretrial risk assessment |
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conducted under Article 17.027, and any credible information |
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provided by the defendant or the attorney representing the state, |
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that the defendant be: |
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(1) released on personal bond without conditions; |
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(2) released on personal bond with any condition the |
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magistrate determines necessary; |
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(3) released on a monetary bail bond without |
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conditions; |
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(4) released on a monetary bail bond with any |
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condition the magistrate determines necessary; or |
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(5) denied pretrial release in accordance with this |
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chapter. |
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(b) In making a pretrial release decision under this |
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article, the magistrate shall impose, as applicable, the least |
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restrictive conditions and the minimum amount or type of bail |
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necessary to 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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(c) A defendant charged with only one or more nonviolent |
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offenses shall be released on personal bond under Subsection (a) |
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unless the magistrate determines by clear and convincing evidence |
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that release on personal bond with or without conditions is |
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insufficient to reasonably ensure the defendant's appearance in |
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court and the safety of the community and victim as described by |
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Subsection (b). |
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(d) A magistrate who denies a defendant's pretrial release |
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on personal bond shall, as soon as practicable but not later than 24 |
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hours after denying the release on personal bond, issue a written |
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order of denial that includes findings of fact and a statement of |
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the magistrate's reasons for denying the release on personal bond. |
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(e) A magistrate may not require a defendant to provide a |
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monetary bail bond for the sole purpose of preventing the |
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defendant's pretrial release. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who is arrested on or after January 1, 2020. A person |
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arrested before January 1, 2020, is governed by the law in effect on |
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the date the person was arrested, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2019. |