SB 6, Sen 2nd Rdg, Amnd #F1

(1) In SECTION 4 of the bill, in added Article 17.021(b)(1), Code of Criminal Procedure (page 1, line 61), between "Article 17.15" and the underlined semicolon, insert "and list each factor provided by Article 17.15(a)".

(2) In SECTION 4 of the bill, in added Article 17.021(b)(4), Code of Criminal Procedure (page 2, line 7), strike "and".

(3) In SECTION 4 of the bill, in added Article 17.021(b)(5)(E), Code of Criminal Procedure (page 2, line 17), between "bail" and the underlined period, insert the following:

(6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code

(4) In SECTION 4 of the bill, in added Article 17.021(c), Code of Criminal Procedure (page 2, line 19), between "county" and "at", insert "and municipality".

(5) In SECTION 4 of the bill, in added Article 17.021(c), Code of Criminal Procedure (page 2, line 21), strike "a county" and substitute "an".

(6) In SECTION 4 of the bill, in added Article 17.022(a)(1), Code of Criminal Procedure (page 2, line 37), between the underlined comma and "or", insert "if a personal bond office has been established for that county,".

(7) In SECTION 4 of the bill, in added Article 17.022(a)(1), Code of Criminal Procedure (page 2, line 38), between "person" and the underlined comma, insert "including judicial personnel or sheriff's department personnel".

(8) In SECTION 4 of the bill, in added Article 17.022, Code of Criminal Procedure (page 2, between lines 53 and 54), insert the following appropriately lettered subsection:

( ) A magistrate may not order, prepare, or consider a public safety report in setting bail for a defendant charged only with a misdemeanor punishable by fine only.

(9) In SECTION 4 of the bill, in added Article 17.023(b)(1)(A), Code of Criminal Procedure (page 2, line 63), strike "or".

(10) In SECTION 4 of the bill, in added Article 17.023(b)(1)(B), Code of Criminal Procedure (page 2, line 65), between the underlined semicolon and "and", insert the following:

(11) In SECTION 4 of the bill, in added Article 17.024(c)(3), Code of Criminal Procedure (page 3, lines 30 and 31), strike "in a manner acceptable to the office" and substitute "as provided by Subsection (b)".

(12) In SECTION 4 of the bill, in added Article 17.024(c-1), Code of Criminal Procedure (page 3, line 35), strike "July" and substitute "August".

(13) In SECTION 4 of the bill, strike added Article 17.027(a), Code of Criminal Procedure (page 3, lines 43 through 55), and substitute the following:

(a) Notwithstanding any other law:

(1) if a defendant is charged with committing an offense punishable as a felony while released on bail for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, only the court before whom the case for the previous offense is pending may release the defendant on bail; and

(2) if a defendant is charged with committing an offense while released on bail for another offense and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be promptly given to the court specified by Subdivision (1) for purposes of reevaluating the bail decision, determining whether any bail conditions were violated, or taking any other applicable action.

(14) In SECTION 4 of the bill, in added Article 17.028(a)(2), Code of Criminal Procedure (page 3, line 64), strike "monetary" and substitute "surety or cash".

(15) In SECTION 4 of the bill, in added Article 17.028(f), Code of Criminal Procedure (page 4, lines 21 and 22), strike "who claims to be unable to give bail as described by Subsection (e) may" and substitute "who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall be provided with the opportunity to".

(16) In SECTION 4 of the bill, in added Article 17.028(h), Code of Criminal Procedure (page 4, line 61), between "a" and "hearing", insert "prompt".

(17) In SECTION 4 of the bill, in added Article 17.028(h), Code of Criminal Procedure (page 4), strike lines 62 and 63 and substitute the following:

The hearing may be held before the magistrate making the bail decision under Subsection (a) or may occur as a separate pretrial proceeding held for that purpose. The defendant must be given the

(18) In SECTION 4 of the bill, in added Article 17.028(h), Code of Criminal Procedure (page 4, line 65), strike "After the hearing, the" and substitute "The".

(19) In SECTION 4 of the bill, in added Article 17.028, Code of Criminal Procedure (page 5, between lines 21 and 22), insert the following appropriately lettered subsection:

( ) Notwithstanding Subsection (a), a magistrate may make a bail decision regarding a defendant who is charged only with a misdemeanor punishable by fine only without considering the factor required by Article 17.15(a)(6).

(20) In SECTION 6 of the bill, in added Article 17.071(d)(2), Code of Criminal Procedure (page 7, line 5), between "Article 17.03" and the underlined period, insert "during the 10-year period preceding the date of the defendant's arrest for the instant offense".

(21) In SECTION 6 of the bill, in added Article 17.071(e), Code of Criminal Procedure (page 7, line 7), strike "sheriff of" and substitute "presiding judge of the administrative judicial region for".

(22) In SECTION 6 of the bill, in added Article 17.071(g), Code of Criminal Procedure (page 7, line 25), strike "sheriff" and substitute "presiding judge of the administrative judicial region for the county".

(23) In SECTION 10 of the bill, strike added Article 17.51(a)(2), Code of Criminal Procedure (page 8, lines 54 through 59), and substitute the following:

(2) the sheriff of the county where the defendant resides.

(24) In SECTION 13 of the bill, in added Section 71.0351(a)(1)(C), Government Code (page 10, line 15), strike "monetary" and substitute "surety or cash".

(25) In SECTION 14 of the bill, in added Section 72.038(a), Government Code (page 10, line 36), strike "a defendant's".

(26) In SECTION 14 of the bill, in added Section 72.038(a), Government Code (page 10, line 37), between "Procedure" and the underlined period, insert ", for a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense".

(27) In SECTION 14 of the bill, strike added Section 72.038(b)(3), Government Code (page 10, lines 44 through 46), and renumber subsequent subdivisions of that subsection accordingly.

(28) In SECTION 14 of the bill, in added Section 72.038(b)(5), Government Code (page 10, line 56), between "be" and "signed", insert "electronically".

(29) In SECTION 14 of the bill, strike added Section 72.038(d), Government Code (page 10, lines 62 through 64), and substitute the following:

(d) The office shall:

(1) publish each form submitted under this section in a database that is publicly accessible on the office's Internet website; and

(2) enter the submitted form into the public safety report system developed under Article 17.021, Code of Criminal Procedure.

(30) In SECTION 17 of the bill, in the transition language relating to the development of the public safety report system under Article 17.021, Code of Criminal Procedure (page 11, line 33), between "each county" and "access", insert "and municipality".

(31) In SECTION 21 of the bill, in the effective date provision (page 11, line 69 through page 12, line 1), strike "Article 17.15(b), Code of Criminal Procedure, as added by this Act, takes" and substitute "Articles 17.028(b) and 17.15(b), Code of Criminal Procedure, as added by this Act, take".

(32) In SECTION 21 of the bill, in the effective date provision (page 12, lines 8 and 9), strike "Article 17.15(b), Code of Criminal Procedure, has" and substitute "Articles 17.028(b) and 17.15(b), Code of Criminal Procedure, have".

(33) In SECTION 6 of the bill, in added Article 17.071(g), Code of Criminal Procedure (page 7, line 23), strike "A sheriff" and substitute "The presiding judge of the administrative judicial region".

(34) In SECTION 6 of the bill, in added Article 17.071(g), Code of Criminal Procedure (page 7, line 24), strike "the sheriff's county" and substitute "the administrative judicial region".