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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of defendants on bail. |
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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. BAIL DECISION. (a) Unless the defendant has |
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been released, if a defendant is not released on personal bond in |
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accordance with a standing order adopted by the judges of the |
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criminal courts trying cases in that county, without unnecessary |
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delay but not later than 48 hours after a defendant is arrested, a |
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magistrate shall order at a proceeding open to the public that the |
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defendant be: |
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(1) released on personal bond or monetary bail bond |
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without conditions; |
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(2) released on personal bond or monetary bail bond |
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with any condition the magistrate determines necessary; or |
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(3) denied bail in accordance with this chapter and |
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other law. |
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(b) In making a bail decision under this article, the |
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magistrate shall impose, as applicable, the least restrictive |
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conditions and minimum amount of bail, whether personal bond or |
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monetary bail bond, necessary to reasonably ensure the defendant's |
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appearance in court as required and the safety of the community and |
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the victim of the alleged offense. |
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(c) Before imposing a monetary bail bond under Subsection |
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(b), the magistrate shall make a written finding that the defendant |
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is able to pay the amount to be imposed. The finding must state the |
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information on which the magistrate relied. The Office of Court |
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Administration of the Texas Judicial System shall promulgate a form |
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for this purpose and make it available to magistrates at no cost. |
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(d) A bail decision made under this article must be based on |
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clear and convincing evidence. The defendant must be permitted an |
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opportunity to present and rebut evidence relevant to the decision. |
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Art. 17.028. PRETRIAL NOTICE SYSTEM. The judges of the |
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criminal courts trying cases in a county may adopt a pretrial notice |
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system under which defendants are periodically notified of the |
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date, time, and location of future court appearances. |
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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 SETTING [FIXING] AMOUNT OF BAIL. (a) |
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The amount of bail to be required in any case is to be regulated by |
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the court, judge, magistrate, or officer taking the bail and is [; |
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they are to be] governed [in the exercise of this discretion] by the |
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Constitution and [by] the following rules: |
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(1) [1.] The bail shall be sufficiently high to give |
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reasonable assurance that the undertaking will be complied with. |
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(2) [2.] The power to require bail is not to be so used |
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as to make it an instrument of oppression. |
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(3) [3.] The nature of the offense, [and] the |
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circumstances under which the offense [it] was committed, and the |
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defendant's criminal history, including any prior offenses |
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involving peace officers or family violence, are to be considered. |
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(4) [4.] The ability to make bail is to be considered |
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[regarded], and proof may be taken upon this point. |
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(5) [5.] The future safety of a victim of the alleged |
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offense and the community shall be considered. |
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(b) In this article, "family violence" has the meaning |
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assigned by Section 71.004, Family Code. |
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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 criminal courts trying cases in a county may |
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promulgate a standing order setting out a schedule of suggested |
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amounts for monetary bail bonds for any offense over which the |
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courts have jurisdiction under Chapter 4. In promulgating the |
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order, judges shall consider factors such as judicial efficiency, |
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public safety, the severity of the offense, and the use of criminal |
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history record information. |
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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 a monetary bail bond in |
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the amount required by the schedule. |
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SECTION 4. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |