87S10423 LHC-D
 
  By: Smith H.B. No. 2
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to rules for setting the amount of bail, to the release of
  certain defendants on a monetary bond or personal bond, to related
  duties of certain officers taking bail bonds and of a magistrate in
  a criminal case, to charitable bail organizations, and to the
  reporting of information pertaining to bail bonds.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Damon Allen Act.
         SECTION 2.  Article 1.07, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 1.07.  RIGHT TO BAIL. Any person [All prisoners] shall
  be eligible for bail [bailable] unless denial of bail is expressly
  permitted by the Texas Constitution or by other law [for capital
  offenses when the proof is evident]. This provision may [shall] not
  be [so] construed [as] to prevent bail after indictment found upon
  examination of the evidence, in such manner as may be prescribed by
  law.
         SECTION 3.  Article 17.02, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.02.  DEFINITION OF "BAIL BOND". A "bail bond" is a
  written undertaking entered into by the defendant and the
  defendant's sureties for the appearance of the principal therein
  before a court or magistrate to answer a criminal accusation;
  provided, however, that the defendant on execution of the bail bond
  may deposit with the custodian of funds of the court in which the
  prosecution is pending current money of the United States in the
  amount of the bond in lieu of having sureties signing the same. Any
  cash funds deposited under this article shall be receipted for by
  the officer receiving the funds and, on order of the court, be
  refunded in the amount shown on the face of the receipt less the
  administrative fee authorized by Section 117.055, Local Government
  Code, if applicable, after the defendant complies with the
  conditions of the defendant's bond, to:
               (1)  any person in the name of whom a receipt was
  issued, including the defendant if a receipt was issued to the
  defendant; or
               (2)  the defendant, if no other person is able to
  produce a receipt for the funds.
         SECTION 4.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.021, 17.022, 17.023, 17.024, 17.027,
  and 17.028 to read as follows:
         Art. 17.021.  PUBLIC SAFETY REPORT SYSTEM. (a) The Office
  of Court Administration of the Texas Judicial System shall develop
  and maintain a public safety report system that is available for use
  for purposes of Article 17.15.
         (b)  The public safety report system must:
               (1)  state the requirements for setting bail under
  Article 17.15;
               (2)  provide identifying information regarding the
  defendant, the case filed against the defendant, and the offense
  with which the defendant is charged;
               (3)  provide information on the eligibility of the
  defendant for a personal bond;
               (4)  provide information regarding the applicability
  of any required or discretionary bond conditions; and
               (5)  provide, in summary form, the criminal history of
  the defendant, including information regarding any:
                     (A)  previous misdemeanor or felony convictions;
                     (B)  pending charges;
                     (C)  previous sentences imposing a term of
  confinement;
                     (D)  previous convictions or pending charges for
  offenses involving violence as defined by Article 17.03; and
                     (E)  previous failures of the defendant to appear
  in court following release on bail.
         (c)  The office shall provide access to the public safety
  report system to the appropriate officials in each county at no
  cost. This subsection may not be construed to require the office to
  provide a county official or magistrate with any equipment or
  support related to accessing or using the public safety report
  system.
         (d)  The public safety report system may not:
               (1)  be the only item relied on by a judge or magistrate
  in making a bail decision;
               (2)  include a score, rating, or assessment of a
  defendant's risk or make any recommendation regarding the
  appropriate bail for the defendant; or
               (3)  include any information other than the information
  listed in Subsection (b).
         Art. 17.022.  PUBLIC SAFETY REPORT. (a) A magistrate
  considering the release on bail of a defendant charged with an
  offense punishable as a Class B misdemeanor or any higher category
  of offense shall order that:
               (1)  the personal bond office established under Article
  17.42 for the county in which the defendant is being detained, or
  other suitably trained person, use the public safety report system
  developed under Article 17.021 to prepare a public safety report
  with respect to the defendant; and
               (2)  the public safety report prepared under
  Subdivision (1) be provided to the magistrate as soon as
  practicable but not later than 48 hours after the defendant's
  arrest.
         (b)  A magistrate may not, without the consent of the
  sheriff, order a sheriff or sheriff's department personnel to
  prepare a public safety report under Subsection (a).
         (c)  Notwithstanding Subsection (a), a magistrate may
  personally prepare a public safety report, before or while making a
  bail decision, using the public safety report system developed
  under Article 17.021.
         (d)  The magistrate shall consider the public safety report
  before setting bail.
         Art. 17.023.  AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES.
  (a) This article applies only to a defendant charged with an
  offense that is:
               (1)  punishable as a felony; or
               (2)  a misdemeanor punishable by confinement.
         (b)  Notwithstanding any other law, a defendant to whom this
  article applies may be released on bail only by a magistrate who is:
               (1)  either:
                     (A)  a resident of this state and one of the
  counties served by the magistrate; or
                     (B)  a justice of the peace serving under Section
  27.054 or 27.055, Government Code; and
               (2)  in compliance with the training requirements of
  Article 17.024.
         (c)  A magistrate is not eligible to release on bail a
  defendant described by Subsection (a) if the magistrate:
               (1)  has been removed from office by impeachment, by
  the supreme court, by the governor on address to the legislature, by
  a tribunal reviewing a recommendation of the State Commission on
  Judicial Conduct, or by the legislature's abolition of the
  magistrate's court; or
               (2)  has resigned from office after having received
  notice that formal proceedings by the State Commission on Judicial
  Conduct have been instituted as provided by Section 33.022,
  Government Code, and before final disposition of the proceedings.
         Art. 17.024.  TRAINING ON DUTIES REGARDING BAIL. (a) The
  Office of Court Administration of the Texas Judicial System shall,
  in consultation with the court of criminal appeals, develop or
  approve training courses regarding a magistrate's duties,
  including duties with respect to setting bail in criminal cases.
  The courses developed must include:
               (1)  an eight-hour initial training course; and
               (2)  a two-hour continuing education course.
         (b)  The office shall provide for a method of certifying that
  a magistrate has successfully completed a training course required
  under this article and has demonstrated competency of the course
  content in a manner acceptable to the office.
         (c)  A magistrate is in compliance with the training
  requirements of this article if:
               (1)  not later than the 90th day after the date the
  magistrate takes office, the magistrate successfully completes the
  course described by Subsection (a)(1);
               (2)  the magistrate successfully completes the course
  described by Subsection (a)(2) in each subsequent state fiscal
  biennium in which the magistrate serves; and
               (3)  the magistrate demonstrates competency in a manner
  acceptable to the office.
         (c-1)  Notwithstanding Subsection (c), a magistrate who is
  serving on December 1, 2021, is considered to be in compliance with
  Subsection (c)(1) if the magistrate successfully completes the
  training course not later than July 1, 2022. This subsection
  expires February 1, 2023.
         (d)  Any course developed or approved by the office under
  this article may be administered by the Texas Justice Court
  Training Center, the Texas Municipal Courts Education Center, the
  Texas Association of Counties, the Texas Center for the Judiciary,
  or a similar entity.
         Art. 17.027.  RELEASE ON BAIL OF DEFENDANT CHARGED WITH
  OFFENSE COMMITTED WHILE ON BAIL. (a) Notwithstanding any other
  law, if a defendant is charged with committing an offense while
  released on bail for another offense:
               (1)  if 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 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.
         (b)  This article may not be construed to extend any deadline
  provided by Article 15.17.
         Art. 17.028.  BAIL DECISION. (a) Without unnecessary delay
  but not later than 48 hours after a defendant is arrested, a
  magistrate shall order, after individualized consideration of all
  circumstances and of the factors required by Article 17.15(a), that
  the defendant be:
               (1)  granted personal bond with or without conditions;
               (2)  granted monetary bond with or without conditions;
  or
               (3)  denied bail in accordance with the Texas
  Constitution and other law.
         (b)  In setting bail under this article, the magistrate shall
  impose the least restrictive conditions, if any, and the personal
  bond or monetary bond necessary to reasonably ensure the
  defendant's appearance in court as required and the safety of the
  community, law enforcement, and the victim of the alleged offense.
         (c)  In each criminal case, unless specifically provided by
  other law, there is a rebuttable presumption that bail, conditions
  of release, or both bail and conditions of release are sufficient to
  reasonably ensure the defendant's appearance in court as required
  and the safety of the community, law enforcement, and the victim of
  the alleged offense. For purposes of setting bail or rebutting the
  presumption, the court may not consider testimonial evidence.
         (d)  A judge may not adopt a bail schedule or enter a standing
  order related to bail that:
               (1)  is inconsistent with this article; or
               (2)  authorizes a magistrate to make a bail decision
  for a defendant without considering each of the factors in Article
  17.15(a).
         (e)  A defendant who is denied bail or who is unable to give
  bail in the amount required by any bail schedule or standing order
  related to bail shall be provided with the warnings described by
  Article 15.17.
         (f)  A defendant who claims to be unable to give bail as
  described by Subsection (e) may file with the applicable magistrate
  a sworn affidavit in substantially the following form:
         "On this ___ day of _____ , 2____, I have been advised by the
  (name of the court) Court of the importance of providing true and
  complete information about my financial situation in connection
  with the charge pending against me.  I am without means to pay
  ______ and I hereby request the court to set an appropriate bail.
  (signature of defendant)."
         (g)  A defendant filing an affidavit under Subsection (f)
  shall complete a form to allow a magistrate to assess information
  relevant to the defendant's financial situation. The form must be
  the form used to request appointment of counsel under Article 26.04
  or a form promulgated by the Office of Court Administration of the
  Texas Judicial System that collects, at a minimum and to the best of
  the defendant's knowledge, the following information:
               (1)  any income received by the defendant and the
  defendant's spouse in the preceding two years;
               (2)  the defendant's employment history and the
  employment history of the defendant's spouse, including gross
  monthly pay, for the preceding two years;
               (3)  any cash holdings available to the defendant or
  the defendant's spouse and the financial institution in which the
  cash is held;
               (4)  the defendant's major noncash assets, including
  real estate and motor vehicles;
               (5)  money owed to the defendant or to the defendant's
  spouse;
               (6)  any dependents of the defendant or of the
  defendant's spouse, and the dependents' ages;
               (7)  an itemized estimate of the defendant's monthly
  expenses;
               (8)  an estimate of the defendant's tax and legal
  expenses;
               (9)  any anticipated major changes in the defendant's
  income or expenses; and
               (10)  any additional relevant information the
  defendant is able to provide to explain the defendant's inability
  to pay bail according to the schedule.
         (h)  A defendant who files an affidavit under Subsection (f)
  is entitled to a hearing before the magistrate on the bail amount.  
  The hearing must be held not later than 48 hours after the defendant
  is arrested. At the hearing, the defendant must be given the
  opportunity to present evidence and respond to evidence presented
  by the attorney representing the state. After the hearing, the
  magistrate shall consider the facts presented and the rules
  established by Article 17.15(a) and shall set the defendant's bail.
  If the magistrate does not set the defendant's bail in an amount
  below the amount required by the schedule, the magistrate shall
  issue written findings of fact supporting the bail decision.
         (i)  The judges of the courts trying criminal cases in a
  county must report to the Office of Court Administration of the
  Texas Judicial System each defendant for whom a hearing under
  Subsection (h) was not held within 48 hours of the defendant's
  arrest. If a delay occurs that will cause the hearing under
  Subsection (h) to be held later than 48 hours after the defendant's
  arrest, the magistrate or an employee of the court or of the county
  in which the defendant is confined must notify the defendant's
  counsel of the delay.
         (j)  The magistrate may enter an order or take other action
  authorized by Article 16.22 with respect to a defendant who does not
  appear competent to execute an affidavit under Subsection (f).
         (k)  This article may not be construed to require the filing
  of an affidavit before a magistrate considers the defendant's
  ability to make bail under Article 17.15.
         (l)  A written or oral statement obtained under this article
  or evidence derived from the statement may be used only to determine
  whether the defendant is indigent, to impeach the direct testimony
  of the defendant, or to prosecute the defendant for an offense under
  Chapter 37, Penal Code.
         SECTION 5.  Article 17.03, Code of Criminal Procedure, as
  effective September 1, 2021, is amended by amending Subsection (b)
  and adding Subsections (b-2) and (b-3) to read as follows:
         (b)  Only the court before whom the case is pending may
  release on personal bond a defendant who:
               (1)  is charged with an offense under the following
  sections of the Penal Code:
                     (A)  [Section 19.03 (Capital Murder);
                     [(B)  Section 20.04 (Aggravated Kidnapping);
                     [(C)  Section 22.021 (Aggravated Sexual Assault);
                     [(D)  Section 22.03 (Deadly Assault on Law
  Enforcement or Corrections Officer, Member or Employee of Board of
  Pardons and Paroles, or Court Participant);
                     [(E)  Section 22.04 (Injury to a Child, Elderly
  Individual, or Disabled Individual);
                     [(F)  Section 29.03 (Aggravated Robbery);
                     [(G)]  Section 30.02 (Burglary); or
                     (B) [(H)]  Section 71.02 (Engaging in Organized
  Criminal Activity);
                     [(I)  Section 21.02 (Continuous Sexual Abuse of
  Young Child or Disabled Individual); or
                     [(J)  Section 20A.03 (Continuous Trafficking of
  Persons);]
               (2)  is charged with a felony under Chapter 481, Health
  and Safety Code, or Section 485.033, Health and Safety Code,
  punishable by imprisonment for a minimum term or by a maximum fine
  that is more than a minimum term or maximum fine for a first degree
  felony; or
               (3)  does not submit to testing for the presence of a
  controlled substance in the defendant's body as requested by the
  court or magistrate under Subsection (c) of this article or submits
  to testing and the test shows evidence of the presence of a
  controlled substance in the defendant's body.
         (b-2)  Notwithstanding any other law, a defendant may not be
  released on personal bond if the defendant:
               (1)  is charged with an offense involving violence; or
               (2)  while released on bail or community supervision
  for an offense involving violence, is charged with committing:
                     (A)  any offense punishable as a felony; or
                     (B)  an offense under the following provisions of
  the Penal Code:
                           (i)  Section 22.01(a)(1) (assault);
                           (ii)  Section 22.05 (deadly conduct);
                           (iii)  Section 22.07 (terroristic threat);
  or
                           (iv)  Section 42.01(a)(7) or (8) (disorderly
  conduct involving firearm).
         (b-3)  In this article:
               (1)  "Controlled substance" has the meaning assigned by
  Section 481.002, Health and Safety Code.
               (2)  "Offense involving violence" means an offense
  under the following provisions of the Penal Code:
                     (A)  Section 19.02 (murder);
                     (B)  Section 19.03 (capital murder);
                     (C)  Section 20.03 (kidnapping);
                     (D)  Section 20.04 (aggravated kidnapping);
                     (E)  Section 20A.02 (trafficking of persons);
                     (F)  Section 20A.03 (continuous trafficking of
  persons);
                     (G)  Section 21.02 (continuous sexual abuse of
  young child or disabled individual);
                     (H)  Section 21.11 (indecency with a child);
                     (I)  Section 22.01(a)(1) (assault), if the
  offense:
                           (i)  is punishable as a felony of the second
  degree under Subsection (b-2) of that section; or
                           (ii)  involved family violence as defined by
  Section 71.004, Family Code;
                     (J)  Section 22.011 (sexual assault);
                     (K)  Section 22.02 (aggravated assault);
                     (L)  Section 22.021 (aggravated sexual assault);
                     (M)  Section 22.04 (injury to a child, elderly
  individual, or disabled individual);
                     (N)  Section 25.072 (repeated violation of
  certain court orders or conditions of bond in family violence,
  child abuse or neglect, sexual assault or abuse, indecent assault,
  stalking, or trafficking case);
                     (O)  Section 25.11 (continuous violence against
  the family);
                     (P)  Section 29.03 (aggravated robbery);
                     (Q)  Section 38.14 (taking or attempting to take
  weapon from peace officer, federal special investigator, employee
  or official of correctional facility, parole officer, community
  supervision and corrections department officer, or commissioned
  security officer);
                     (R)  Section 43.04 (aggravated promotion of
  prostitution);
                     (S)  Section 43.05 (compelling prostitution); or
                     (T)  Section 43.25 (sexual performance by a
  child).
         SECTION 6.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.0501 and 17.071 to read as follows:
         Art. 17.0501.  REQUIRED TRAINING. The Department of Public
  Safety shall develop training courses that relate to the use of the
  statewide telecommunications system maintained by the department
  and that are directed to each magistrate, judge, sheriff, peace
  officer, or jailer required to obtain criminal history record
  information under this chapter, as necessary to enable the person
  to fulfill those requirements.
         Art. 17.071.  CHARITABLE BAIL ORGANIZATIONS. (a) In this
  article, "charitable bail organization" means a person who solicits
  donations from the public for the purpose of depositing money with a
  court in the amount of a defendant's bail bond. The term does not
  include:
               (1)  a person soliciting donations with respect to a
  defendant who is a member of the person's family, as determined
  under Section 71.003, Family Code; or
               (2)  a nonprofit corporation organized for the purpose
  of religious worship.
         (b)  This article does not apply to a charitable bail
  organization that pays a bail bond for not more than three
  defendants in any 180-day period.
         (c)  A charitable bail organization shall file in the office
  of the county clerk of each county where the organization intends to
  pay bail bonds an affidavit designating the individuals authorized
  to pay bonds on behalf of the organization.
         (d)  A charitable bail organization may only pay bail bonds
  for indigent defendants who:
               (1)  are not charged with an offense involving violence
  as defined by Article 17.03; and
               (2)  have not previously been convicted of an offense
  involving violence as defined by Article 17.03.
         (e)  Not later than the 10th day of each month, a charitable
  bail organization shall submit, to the sheriff of each county in
  which the organization files an affidavit under Subsection (c), a
  report that includes the following information for each defendant
  for whom the organization paid a bail bond in the preceding calendar
  month:
               (1)  the name of the defendant;
               (2)  the cause number of the case;
               (3)  the county in which the applicable charge is
  pending, if different from the county in which the bond was paid;
  and
               (4)  any dates on which the defendant has failed to
  appear in court as required for the charge for which the bond was
  paid.
         (f)  A charitable bail organization may not pay a bail bond
  for a defendant at any time the organization is considered to be out
  of compliance with the reporting requirements of this article.
         (g)  A sheriff may suspend a charitable bail organization
  from paying bail bonds in the sheriff's county for one year if the
  sheriff determines the organization has paid bonds in violation of
  this article.
         (h)  Chapter 22 applies to a bail bond paid by a charitable
  bail organization.
         (i)  A charitable bail organization may not accept a premium
  or compensation for paying a bail bond for a defendant.
         SECTION 7.  Article 17.15, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.15.  RULES FOR SETTING [FIXING] AMOUNT OF BAIL. (a)
  The amount of bail and any conditions of bail to be required in any
  case are [is] to be regulated by the court, judge, magistrate, or
  officer taking the bail in accordance with Articles 17.20, 17.21,
  and 17.22 and [; they] are [to be] governed [in the exercise of this
  discretion] by the Constitution and [by] the following rules:
               1.  Bail and any conditions of bail [The bail] shall be
  sufficient [sufficiently high] to give reasonable assurance that
  the undertaking will be complied with.
               2.  The power to require bail is not to be [so] used
  [as] to make bail [it] an instrument of oppression.
               3.  The nature of the offense and the circumstances
  under which the offense [it] was committed are to be considered,
  including whether the offense:
                     (A)  is an offense involving violence as defined
  by Article 17.03; or
                     (B)  involves violence directed against a peace
  officer.
               4.  The ability to make bail shall [is to] be considered
  [regarded], and proof may be taken on [upon] this point.
               5.  The future safety of a victim of the alleged
  offense, law enforcement, and the community shall be considered.
               6.  The criminal history record information for the
  defendant, including information obtained through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021, shall be considered, including any acts of family
  violence, other pending criminal charges, and any instances in
  which the defendant failed to appear in court following release on
  bail.
               7.  The citizenship status of the defendant shall be
  considered.
         (b)  For purposes of determining whether clear and
  convincing evidence exists to deny a person bail under Section 11d,
  Article I, Texas Constitution, a magistrate shall consider all
  information relevant to the factors listed in Subsection (a).
         (c)  In this article, "family violence" has the meaning
  assigned by Section 71.004, Family Code.
         SECTION 8.  Article 17.20, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.20.  BAIL IN MISDEMEANOR. (a) In cases of
  misdemeanor, the sheriff or other peace officer, or a jailer
  licensed under Chapter 1701, Occupations Code, may, whether during
  the term of the court or in vacation, where the officer has a
  defendant in custody, take the defendant's [of the defendant a]
  bail [bond].
         (b)  Before taking bail under this article, the sheriff,
  peace officer, or jailer shall obtain the defendant's criminal
  history record information through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021.
         (c)  If the defendant is charged with or has previously been
  convicted of an offense involving violence as defined by Article
  17.03, the sheriff, officer, or jailer may not set the amount of the
  defendant's bail but may take the defendant's bail in the amount set
  by the court.
         SECTION 9.  Article 17.22, Code of Criminal Procedure, is
  amended to read as follows:
         Art. 17.22.  MAY TAKE BAIL IN FELONY. (a) In a felony case,
  if the court before which the case [same] is pending is not in
  session in the county where the defendant is in custody, the sheriff
  or other peace officer, or a jailer licensed under Chapter 1701,
  Occupations Code, who has the defendant in custody may take the
  defendant's bail [bond] in the [such] amount set [as may have been
  fixed] by the court or magistrate, or if no amount has been set
  [fixed], then in any [such] amount that the [as such] officer
  considers [may consider] reasonable and that is in compliance with
  Article 17.15.
         (b)  Before taking bail under this article, the sheriff,
  peace officer, or jailer shall obtain the defendant's criminal
  history record information through the statewide
  telecommunications system maintained by the Department of Public
  Safety and through the public safety report system developed under
  Article 17.021.
         (c)  If the defendant is charged with or has previously been
  convicted of an offense involving violence as defined by Article
  17.03, the sheriff, officer, or jailer may not set the amount of the
  defendant's bail but may take the defendant's bail in the amount set
  by the court.
         SECTION 10.  Chapter 17, Code of Criminal Procedure, is
  amended by adding Articles 17.51, 17.52, and 17.53 to read as
  follows:
         Art. 17.51.  NOTICE OF CONDITIONS. (a) As soon as
  practicable but not later than the next business day after the date
  a magistrate issues an order imposing a condition of release on bond
  for a defendant or modifying or removing a condition previously
  imposed, the clerk of the court shall send a copy of the order to:
               (1)  the appropriate attorney representing the state;
  and
               (2)  either:
                     (A)  the chief of police in the municipality where
  the defendant resides, if the defendant resides in a municipality;
  or
                     (B)  the sheriff of the county where the defendant
  resides, if the defendant does not reside in a municipality.
         (b)  A clerk of the court may delay sending a copy of the
  order under Subsection (a) only if the clerk lacks information
  necessary to ensure service and enforcement.
         (c)  If an order described by Subsection (a) prohibits a
  defendant from going to or near a child care facility or school, the
  clerk of the court shall send a copy of the order to the child care
  facility or school.
         (d)  The copy of the order and any related information may be
  sent electronically or in another manner that can be accessed by the
  recipient.
         (e)  The magistrate or the magistrate's designee shall
  provide written notice to the defendant of:
               (1)  the conditions of release on bond; and
               (2)  the penalties for violating a condition of
  release.
         (f)  The magistrate shall make a separate record of the
  notice provided to the defendant under Subsection (e).
         (g)  The Office of Court Administration of the Texas Judicial
  System shall promulgate a form for use by a magistrate or a
  magistrate's designee in providing notice to the defendant under
  Subsection (e). The form must include the relevant statutory
  language from the provisions of this chapter under which a
  condition of release on bond may be imposed on a defendant.
         Art. 17.52.  REPORTING OF CONDITIONS. A chief of police or
  sheriff who receives a copy of an order described by Article
  17.51(a), or the chief's or sheriff's designee, shall, as soon as
  practicable but not later than the 10th day after the date the copy
  is received, enter information relating to the condition of release
  into the appropriate database of the statewide law enforcement
  information system maintained by the Department of Public Safety or
  modify or remove information, as appropriate.
         Art. 17.53.  PROCEDURES AND FORMS RELATED TO MONETARY BOND.
  The Office of Court Administration of the Texas Judicial System
  shall develop statewide procedures and prescribe forms to be used
  by a court to facilitate:
               (1)  the refund of any cash funds paid toward a monetary
  bond, with an emphasis on refunding those funds to the person in
  whose name the receipt described by Article 17.02 was issued; and
               (2)  the application of those cash funds to the
  defendant's outstanding court costs, fines, and fees.
         SECTION 11.  Article 66.102(c), Code of Criminal Procedure,
  is amended to read as follows:
         (c)  Information in the computerized criminal history system
  relating to an arrest must include:
               (1)  the offender's name;
               (2)  the offender's state identification number;
               (3)  the arresting law enforcement agency;
               (4)  the arrest charge, by offense code and incident
  number;
               (5)  whether the arrest charge is a misdemeanor or
  felony;
               (6)  the date of the arrest;
               (7)  for an offender released on bail, whether a
  warrant was issued for any subsequent failure of the offender to
  appear in court;
               (8)  the exact disposition of the case by a law
  enforcement agency following the arrest; and
               (9) [(8)]  the date of disposition of the case by the
  law enforcement agency.
         SECTION 12.  Section 27.005, Government Code, is amended to
  read as follows:
         Sec. 27.005.  EDUCATIONAL REQUIREMENTS. (a) For purposes of
  removal under Chapter 87, Local Government Code, "incompetency" in
  the case of a justice of the peace includes the failure of the
  justice to successfully complete:
               (1)  within one year after the date the justice is first
  elected:
                     (A)  [,] an 80-hour course in the performance of
  the justice's duties;
                     (B)  the course described by Article
  17.024(a)(1), Code of Criminal Procedure; and
                     (C)  the course described by Article 17.0501, Code
  of Criminal Procedure;
               (2)  each following year, a 20-hour course in the
  performance of the justice's duties, including not less than 10
  hours of instruction regarding substantive, procedural, and
  evidentiary law in civil matters; and
               (3)  each following state fiscal biennium, the course
  described by Article 17.024(a)(2), Code of Criminal Procedure.
         (b)  The courses described by Subsections (a)(1)(A) and
  (a)(2) may be completed in an accredited state-supported school of
  higher education.
         SECTION 13.  Subchapter C, Chapter 71, Government Code, is
  amended by adding Section 71.0351 to read as follows:
         Sec. 71.0351.  BAIL AND PRETRIAL RELEASE INFORMATION. (a)  
  As a component of the official monthly report submitted to the
  Office of Court Administration of the Texas Judicial System under
  Section 71.035, the clerk of each court setting bail in criminal
  cases shall report:
               (1)  the number of defendants for whom bail was set,
  including:
                     (A)  the number for each category of offense;
                     (B)  the number of personal bonds; and
                     (C)  the number of monetary bonds;
               (2)  the number of defendants released on bail who
  subsequently failed to appear;
               (3)  the number of defendants released on bail who
  subsequently violated a condition of release; and
               (4)  the number of defendants who committed an offense
  while released on bail or community supervision.
         (b)  The office shall post the information in a publicly
  accessible place on the agency's Internet website without
  disclosing any personal information of any defendant, judge, or
  magistrate.
         (c)  Not later than December 1 of each year, the office shall
  submit a report containing the data collected under this section
  during the previous state fiscal year to the governor, the
  lieutenant governor, the speaker of the house of representatives,
  and the standing committees of each house of the legislature with
  jurisdiction over the judiciary. 
         SECTION 14.  Subchapter C, Chapter 72, Government Code, is
  amended by adding Section 72.038 to read as follows:
         Sec. 72.038.  BAIL FORM. (a) The office shall promulgate a
  form to be completed by a magistrate, judge, sheriff, peace
  officer, or jailer who sets a defendant's bail under Chapter 17,
  Code of Criminal Procedure.
         (b)  The form must:
               (1)  state the cause number of the case, if available,
  the defendant's name and date of birth, and the offense for which
  the defendant was arrested;
               (2)  state the name and the office or position of the
  person setting bail;
               (3)  state the requirements for setting bail under
  Article 17.15, Code of Criminal Procedure, and list each factor
  provided by Article 17.15(a) of that code;
               (4)  require the person setting bail to:
                     (A)  identify the bail type, the amount of the
  bail, and any conditions of bail;
                     (B)  certify that the person considered each
  factor provided by Article 17.15(a), Code of Criminal Procedure;
  and
                     (C)  certify that the person considered the
  information provided by the public safety report system developed
  under Article 17.021, Code of Criminal Procedure; and 
               (5)  be signed by the person setting the bail.
         (c)  The person setting bail, an employee of the court that
  set the defendant's bail, or an employee of the county in which the
  defendant's bail was set must promptly and electronically provide
  the form required under this section to the office on completion of
  the form. 
         (d)  The office shall publish each form submitted under this
  section in a database that is publicly accessible on the office's
  Internet website.
         SECTION 15.  Section 117.055, Local Government Code, is
  amended by amending Subsection (a) and adding Subsections (a-1) and
  (a-2) to read as follows:
         (a)  Except as provided by Subsection (a-1), to [To]
  compensate the county for the accounting and administrative
  expenses incurred in handling the registry funds that have not
  earned interest, including funds in a special or separate account,
  the clerk shall, at the time of withdrawal, deduct from the amount
  of the withdrawal a fee in an amount equal to five percent of the
  withdrawal but that may not exceed $50. Withdrawal of funds
  generated from a case arising under the Family Code is exempt from
  the fee deduction provided by this section.
         (a-1)  A clerk may not deduct a fee under Subsection (a) from
  a withdrawal of funds generated by the collection of a cash bond or
  cash bail bond if in the case for which the bond was taken:
               (1)  the defendant was found not guilty after a trial or
  appeal; or
               (2)  the complaint, information, or indictment was
  dismissed without a plea of guilty or nolo contendere being
  entered.
         (a-2)  On the request of a person to whom withdrawn funds
  generated by the collection of a cash bond or cash bail bond were
  disbursed, the clerk shall refund to the person the amount of the
  fee deducted under Subsection (a) if:
               (1)  subsequent to the deduction, a court makes or
  enters an order or ruling in the case for which the bond was taken;
  and
               (2)  had the court made or entered the order or ruling
  before the withdrawal of funds occurred, the deduction under
  Subsection (a) would have been prohibited under Subsection (a-1).
         SECTION 16.  Article 17.03(f), Code of Criminal Procedure,
  is repealed.
         SECTION 17.  As soon as practicable but not later than
  December 1, 2021, the Office of Court Administration of the Texas
  Judicial System shall create the public safety report system
  developed under Article 17.021, Code of Criminal Procedure, as
  added by this Act, and any related forms and materials and shall
  provide to the appropriate officials in each county access to the
  system, forms, and materials at no cost. If those items are made
  available before December 1, 2021, the office shall notify each
  court clerk, judge or other magistrate, and office of an attorney
  representing the state.
         SECTION 18.  (a) As soon as practicable but not later than
  December 1, 2021, the Office of Court Administration of the Texas
  Judicial System shall:
               (1)  promulgate the forms required by Articles
  17.028(g) and 17.51(g), Code of Criminal Procedure, as added by
  this Act, and by Section 72.038, Government Code, as added by this
  Act; and
               (2)  develop or approve and make available the training
  courses and certification method as described by Article 17.024,
  Code of Criminal Procedure, as added by this Act, and develop the
  procedures and prescribe the forms required by Article 17.53, Code
  of Criminal Procedure, as added by this Act.
         (b)  If the items described by Subsection (a) of this section
  are made available before December 1, 2021, the office shall notify
  each court clerk, judge or other magistrate, and office of an
  attorney representing the state.
         SECTION 19.  Section 117.055, Local Government Code, as
  amended by this Act, applies only to a withdrawal of funds from a
  court registry under Section 117.055, Local Government Code, made
  on or after the effective date provided by Section 21(c) of this
  Act. A withdrawal of funds from a court registry made before the
  effective date provided by Section 21(c) of this Act is governed by
  the law in effect on the date the withdrawal was made, and the
  former law is continued in effect for that purpose.
         SECTION 20.  The changes in law made by this Act apply only
  to a person who is arrested on or after the effective date of this
  Act. A person arrested before the effective date of this Act is
  governed by the law in effect on the date the person was arrested,
  and the former law is continued in effect for that purpose.
         SECTION 21.  (a) Except as provided by Subsections (b) and
  (c) of this section, this Act takes effect December 1, 2021.
         (b)  Article 17.15(b), Code of Criminal Procedure, as added
  by this Act, takes effect December 1, 2021, but only if the
  constitutional amendment proposed by the 87th Legislature, 1st
  Called Session, 2021, requiring a judge or magistrate to impose the
  least restrictive conditions of bail that may be necessary and
  authorizing the denial of bail under some circumstances to a person
  accused of a violent or sexual offense or of continuous trafficking
  of persons is approved by the voters. If that amendment is not
  approved by the voters, Article 17.15(b), Code of Criminal
  Procedure, has no effect.
         (c)  Articles 17.021 and 17.024, Code of Criminal Procedure,
  as added by this Act, and Sections 3, 15, 17, 18, and 19 of this Act
  take effect on the 91st day after the last day of the legislative
  session.