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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of a personal bond or personal |
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bond and pretrial supervision office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Article 17.42, Code of Criminal |
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Procedure, is amended to read as follows: |
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Art. 17.42. PERSONAL BOND OR PERSONAL BOND AND PRETRIAL |
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SUPERVISION OFFICE. |
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SECTION 2. Section 1, Article 17.42, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 1. Any county, or any judicial district with |
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jurisdiction in more than one county, with the approval of the |
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commissioners court of each county in the district, may establish a |
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personal bond or personal bond and pretrial supervision office to |
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gather and review information about an accused that may have a |
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bearing on whether the accused [he] will comply with the conditions |
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of a personal bond and report its findings to the court before which |
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the case is pending. |
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SECTION 3. Sections 4(a) and (b), Article 17.42, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) Except as otherwise provided by this subsection, if a |
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court releases an accused on personal bond on the recommendation of |
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a personal bond or personal bond and pretrial supervision office, |
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the court shall assess a personal bond reimbursement fee of $20 or |
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three percent of the amount of the bail fixed for the accused, |
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whichever is greater. The court may waive the fee or assess a |
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lesser fee if good cause is shown. A court that requires a |
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defendant to give a personal bond under Article 45.016 may not |
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assess a personal bond reimbursement fee under this subsection. |
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(b) Reimbursement fees collected under this article may be |
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used solely to defray expenses of the personal bond or personal bond |
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and pretrial supervision office, including defraying the expenses |
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of extradition. |
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SECTION 4. Sections 5(a) and (c), Article 17.42, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) A personal bond or personal bond and pretrial |
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supervision [pretrial release] office established under this |
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article shall: |
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(1) prepare a record containing information about any |
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accused person identified by case number only who, after review by |
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the office, is released by a court on personal bond before |
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sentencing in a pending case; |
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(2) update the record on a monthly basis; and |
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(3) file a copy of the record with the district or |
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county clerk, as applicable based on court jurisdiction over the |
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categories of offenses addressed in the records, in any county |
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served by the office. |
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(c) This section does not apply to a personal bond or |
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personal bond and pretrial supervision [pretrial release] office |
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that on January 1, 1995, was operated by a community corrections and |
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supervision department. |
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SECTION 5. Sections 6(a) and (c), Article 17.42, Code of |
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Criminal Procedure, are amended to read as follows: |
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(a) Not later than April 1 of each year, a personal bond or |
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personal bond and pretrial supervision office established under |
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this article shall submit to the commissioners court or district |
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and county judges that established the office an annual report |
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containing information about the operations of the office during |
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the preceding year. |
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(c) This section does not apply to a personal bond or |
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personal bond and pretrial supervision [pretrial release] office |
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that on January 1, 1995, was operated by a community corrections and |
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supervision department. |
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SECTION 6. Article 17.42, Code of Criminal Procedure, is |
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amended by adding Sections 7 and 8 to read as follows: |
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Sec. 7. (a) The commissioners court of a county that |
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establishes a personal bond and pretrial supervision office or the |
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district and county judges of a judicial district that establishes |
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a personal bond and pretrial supervision office may direct the |
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office to provide the pretrial services a community supervision and |
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corrections department may provide under Section 76.011, |
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Government Code. |
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(b) Except as otherwise provided by this subsection, |
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programs operated by the office under Subsection (a) may include |
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reasonable conditions and monitoring related to the purpose of the |
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programs, including testing for controlled substances and alcohol |
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use. If this subsection conflicts with a more specific provision of |
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another law, the other law prevails. |
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(c) This section does not apply to a personal bond and |
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pretrial supervision office that on January 1, 1995, was operated |
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by a community corrections and supervision department. |
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Sec. 8. (a) The commissioners court of a county that |
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establishes a personal bond and pretrial supervision office or the |
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district and county judges of a judicial district that establishes |
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a personal bond and pretrial supervision office may, as part of the |
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court's or the judges' duties related to pretrial services, direct |
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the office to provide: |
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(1) indigent legal services monitoring, including: |
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(A) assisting defendants in filing applications |
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for indigent legal services; |
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(B) reviewing applications and documentation to |
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assist the court in determining eligibility for indigent legal |
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services; and |
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(C) coordinating with appointed attorneys to |
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ensure sufficient legal services are provided; |
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(2) pretrial rehabilitative services, including: |
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(A) determining what rehabilitative services are |
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available to a defendant; |
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(B) making recommendations to this state, to |
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defense counsel, and to the court on rehabilitative services; and |
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(C) monitoring the placement of defendants in |
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rehabilitative services; |
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(3) coordination of mental health services, |
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including: |
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(A) recommending mental health testing; |
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(B) assisting defense counsel in meeting mental |
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health testing requirements; |
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(C) monitoring compliance with mental health |
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testing dates; and |
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(D) assisting magistrates with mental health |
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orders and testing; and |
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(4) other services as are required to fulfill the |
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goals of pretrial bond supervision. |
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(b) This section does not apply to a personal bond and |
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pretrial supervision office that on January 1, 1995, was operated |
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by a community corrections and supervision department. |
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SECTION 7. Subchapter F, Chapter 411, Government Code, is |
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amended by adding Section 411.14105 to read as follows: |
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Sec. 411.14105. ACCESS TO CRIMINAL HISTORY RECORD |
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INFORMATION: PERSONAL BOND OR PERSONAL BOND AND PRETRIAL |
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SUPERVISION OFFICE. (a) In this section, "personal bond or |
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personal bond and pretrial supervision office" means an office |
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established under Article 17.42, Code of Criminal Procedure. |
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(b) The director of a personal bond or personal bond and |
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pretrial supervision office, or an employee of the office |
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authorized by the director, is entitled to obtain from the |
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department criminal history record information maintained by the |
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department that relates to a person who is being considered for |
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personal bond or is receiving services from the office. |
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(c) A person who obtains criminal history record |
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information under Subsection (b) may not release the information to |
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any person except to a judge or magistrate making a bond |
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determination, if the criminal history is relevant to that |
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determination. |
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(d) Notwithstanding Subsection (c), a person who obtains |
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criminal history record information under Subsection (b) may |
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disclose to the subject of the information, the attorney |
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representing the state, or the subject's defense attorney: |
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(1) the date and place of any arrest in the subject's |
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criminal history and the offense for which the subject was |
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arrested; and |
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(2) the associated dispositions. |
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(e) The department may not charge a fee for providing |
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criminal history record information under this section. |
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SECTION 8. This Act takes effect September 1, 2023. |