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Amend CSHB 20 (senate committee printing) in SECTION 5 of the bill as follows:
(1) In added Article 17.1502(c), Code of Criminal Procedure, strike page 4, lines 32-35, and substitute the following:
(c) If a defendant claims to be unable to give bail in the amount required by the schedule, the magistrate or an employee of the court or of the county in which the defendant is confined must verify the ability of a defendant to give bail in the amount required by the schedule and shall explain to the defendant the nature and significance of the verification process required by this subsection. A defendant who claims to be unable to give bail in the amount required by the schedule may file with the applicable magistrate a sworn affidavit in substantially the following form:
(2) In added Article 17.1502(d), Code of Criminal Procedure, strike page 4, lines 42-46, and substitute the following:
(d) A defendant filing an affidavit under Subsection (c) 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, the following information:
(3) In added Article 17.1502(e), Code of Criminal Procedure (page 5, line 1), between "defendant who" and "files", insert "is unable to give bail in the amount required by the schedule and who".
(4) In added Article 17.1502(e), Code of Criminal Procedure, strike page 5, lines 3-10, and substitute the following:
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 by the defendant and the rules established by Article 17.15 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.
(f) A defendant whose bail is not set as described by Subsection (e) in an amount below the amount required by the schedule is entitled to a bail review hearing in the court before whom the case is pending. The bail review hearing must be held not later than 48 hours after the conclusion of the hearing under Subsection (e).
(g) A defendant may be released without paying bail as required by the schedule if:
(1) in a bail review hearing conducted under Subsection (f) the court determines that the findings of fact issued under Subsection (e) do not support the bail decision; or
(2) a bail review hearing required under Subsection (f) is not conducted within the period required by that subsection.
(h) 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 (e) was not held within 48 hours of the defendant's arrest. If a delay occurs that will cause the hearing under Subsection (e) 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 explain the reason for the delay to the defendant's counsel and, if applicable, to the defendant's spouse or closest living relative.
(i) 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 (c).