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A BILL TO BE ENTITLED
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AN ACT
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relating to rules for fixing the amount of bail and to the release |
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of certain defendants on a bail bond or personal bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.03(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) Only the court before whom the case is pending may |
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release on personal bond a defendant who: |
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(1) is charged with an offense under the following |
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sections of the Penal Code: |
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(A) Section 19.03 (Capital Murder); |
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(B) Section 20.04 (Aggravated Kidnapping); |
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(C) Section 22.01 if punishable under Subsection |
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(b)(1) of that section (Assault); |
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(D) Section 22.02 if punishable under Subsection |
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(b)(1) or (2) of that section (Aggravated Assault); |
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(E) Section 22.021 (Aggravated Sexual Assault); |
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[(D)
Section 22.03 (Deadly Assault on Law
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Enforcement or Corrections Officer, Member or Employee of Board of
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Pardons and Paroles, or Court Participant);] |
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(F) [(E)] Section 22.04 (Injury to a Child, |
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Elderly Individual, or Disabled Individual); |
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(G) [(F)] Section 29.03 (Aggravated Robbery); |
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(H) [(G)] Section 30.02 (Burglary); |
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(I) [(H)] Section 71.02 (Engaging in Organized |
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Criminal Activity); |
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(J) [(I)] Section 21.02 (Continuous Sexual Abuse |
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of Young Child or Children); or |
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(K) [(J)] Section 20A.03 (Continuous Trafficking |
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of Persons); |
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(2) is charged with a felony under Chapter 481, Health |
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and Safety Code, or Section 485.033, Health and Safety Code, |
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punishable by imprisonment for a minimum term or by a maximum fine |
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that is more than a minimum term or maximum fine for a first degree |
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felony; [or] |
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(3) is charged with an offense that involves |
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possession of a controlled substance under Chapter 481, Health and |
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Safety Code, and is punishable as a felony; |
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(4) does not submit to testing for the presence of a |
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controlled substance in the defendant's body as requested by the |
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court or magistrate under Subsection (c) of this article or submits |
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to testing and the test shows evidence of the presence of a |
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controlled substance in the defendant's body; |
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(5) is charged with any offense in which there is an |
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identifiable victim; |
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(6) is charged with any offense involving the use of a |
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deadly weapon as defined by Section 1.07, Penal Code; |
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(7) is currently charged with multiple offenses, |
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regardless of whether the offenses are pending before the same |
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court or consist of multiple courts; |
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(8) is charged with, or in the preceding five years was |
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charged with, an offense under Section 38.06, Penal Code; |
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(9) was convicted of any felony offense in the |
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preceding three years or any misdemeanor offense in the preceding |
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year; |
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(10) has been convicted of an offense under Section |
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22.011 or 22.021, Penal Code, that resulted in serious bodily |
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injury to a child; |
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(11) is charged with committing any offense while |
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released on bail for another offense; or |
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(12) in the preceding two years, has failed to appear |
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after being released on personal bond. |
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SECTION 2. Article 17.15, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of |
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bail to be required in any case is to be regulated by the court, |
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judge, magistrate or officer taking the bail; they are to be |
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governed in the exercise of this discretion by the Constitution and |
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by the following rules: |
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1. The bail shall be sufficiently high to give reasonable |
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assurance that the undertaking will be complied with. |
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2. The power to require bail is not to be so used as to make |
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it an instrument of oppression. |
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3. The nature of the offense and the circumstances under |
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which it was committed are to be considered. |
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4. The ability to make bail is to be regarded, and proof may |
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be taken upon this point. |
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5. The future safety of a victim of the alleged offense and |
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the community shall be considered. |
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6. The criminal history of the defendant shall be |
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considered. |
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SECTION 3. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.1501 to read as follows: |
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Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The |
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judges of the courts trying criminal cases in a county may |
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promulgate a standing order setting out a schedule of suggested |
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bail amounts for any offense over which the courts have |
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jurisdiction under Chapter 4. |
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(b) A defendant who is charged with an offense for which a |
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bail schedule has been established under Subsection (a) may waive |
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the defendant's right to appear before a magistrate under Article |
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15.17 and be released from custody on giving bail in the amount |
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required by the schedule. |
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(c) A defendant who is unable to give bail in the amount |
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required by the schedule may file with the applicable magistrate a |
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sworn affidavit declaring the maximum amount that the defendant |
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would be able to pay or provide as security within 48 hours of |
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arrest for purposes of obtaining a bail bond. The affidavit must |
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set out sufficient facts to clearly establish that amount, given |
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the totality of the defendant's circumstances. |
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(d) A defendant who files an affidavit under Subsection (c) |
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is entitled to a hearing before the magistrate on the bail amount. |
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The hearing must be held not later than 48 hours after the charges |
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were filed against the defendant or 48 hours after the defendant was |
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arrested, whichever is later. At the hearing, the magistrate shall |
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consider the facts stated in the affidavit and the rules |
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established by Article 17.15 and set the defendant's bail. The |
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magistrate shall issue oral or written findings of fact supporting |
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the decision. |
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(e) A defendant who has not given bail before the fourth |
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business day after the date bail is set under this article shall be |
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taken before the court before whom the case is pending for a hearing |
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to reconsider the bail amount. At a hearing under this subsection, |
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the court may adjust the bail, keep the bail as previously set, or |
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impose any additional conditions of release on bond the court |
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considers necessary. |
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SECTION 4. The changes in law made by this Act apply only to |
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a person who is arrested on or after the effective date of this Act. |
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A person arrested before the effective date of this Act is governed |
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by the law in effect on the date the person was arrested, and the |
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former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2019. |