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               AN ACT
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            relating to the confinement or release of defendants before trial  | 
         
         
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            or sentencing, including regulating charitable bail organizations,  | 
         
         
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            and the conditions of and procedures for setting bail and reviewing  | 
         
         
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            bail decisions. | 
         
         
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                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
         
         
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                   SECTION 1.  Chapter 16, Code of Criminal Procedure, is  | 
         
         
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            amended by adding Article 16.24 to read as follows: | 
         
         
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                   Art. 16.24.  REPORTING OF CONDITIONS OF PRETRIAL  | 
         
         
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            INTERVENTION PROGRAM.  As soon as practicable but not later than the  | 
         
         
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            10th business day after the date a defendant enters a pretrial  | 
         
         
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            intervention program, the attorney representing the state, or the  | 
         
         
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            attorney's designee who is responsible for monitoring the  | 
         
         
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            defendant's compliance with the conditions of the program, shall  | 
         
         
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            enter information relating to the conditions of the program into  | 
         
         
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            the appropriate database of the statewide law enforcement  | 
         
         
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            information system maintained by the Department of Public Safety or  | 
         
         
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            modify or remove information, as appropriate. | 
         
         
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                   SECTION 2.  Article 17.021, Code of Criminal Procedure, is  | 
         
         
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            amended by amending Subsection (b) and adding Subsections (c-1),  | 
         
         
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            (h), (h-1), and (i) to read as follows: | 
         
         
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                   (b)  The public safety report system must: | 
         
         
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                         (1)  state the requirements for setting bail under  | 
         
         
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            Article 17.15 and list each factor provided by Article 17.15(a); | 
         
         
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                         (2)  provide the defendant's name and date of birth or,  | 
         
         
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            if impracticable, other identifying information, the cause number  | 
         
         
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            of the case, if available, and the offense for which the defendant  | 
         
         
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            was arrested; | 
         
         
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                         (3)  provide information on the eligibility of the  | 
         
         
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            defendant for a personal bond; | 
         
         
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                         (4)  provide information regarding the applicability  | 
         
         
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            of any required or discretionary bond conditions; | 
         
         
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                         (5)  provide, in summary form, the criminal history of  | 
         
         
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            the defendant, including information regarding [any]: | 
         
         
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                               (A)  previous misdemeanor or felony convictions; | 
         
         
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                               (B)  pending charges; | 
         
         
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                               (C)  any previous sentences imposing a term of  | 
         
         
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            confinement; | 
         
         
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                               (D)  any previous convictions or pending charges  | 
         
         
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            for: | 
         
         
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                                     (i)  offenses that are offenses involving  | 
         
         
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            violence as defined by Article 17.03; or | 
         
         
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                                     (ii)  offenses involving violence directed  | 
         
         
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            against a peace officer; [and] | 
         
         
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                               (E)  previous failures of the defendant to appear  | 
         
         
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            in court following release on bail; | 
         
         
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                               (F)  whether the defendant is currently on  | 
         
         
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            community supervision, parole, or mandatory supervision for an  | 
         
         
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            offense; | 
         
         
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                               (G)  whether the defendant is currently released  | 
         
         
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            on bail or participating in a pretrial intervention program and any  | 
         
         
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            conditions of that release or participation; | 
         
         
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                               (H)  outstanding warrants for the defendant's  | 
         
         
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            arrest that have been entered into the National Crime Information  | 
         
         
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            Center database or the Texas Crime Information System established  | 
         
         
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            under Section 411.0541, Government Code, including a warrant issued  | 
         
         
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            under Article 42A.751 of this code or Section 508.251, Government  | 
         
         
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            Code; and | 
         
         
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                               (I)  any current protective orders, as defined by  | 
         
         
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            Section 72.151, Government Code, for which the defendant is the  | 
         
         
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            subject; and | 
         
         
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                         (6)  be designed to collect and maintain the  | 
         
         
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            information provided on a bail form submitted under Section 72.038,  | 
         
         
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            Government Code. | 
         
         
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                   (c-1)  On request by an attorney representing the state, the  | 
         
         
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            office shall provide to the attorney access to the public safety  | 
         
         
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            report system for the purpose of allowing the attorney to access a  | 
         
         
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            bail form submitted to the office under Section 72.038, Government  | 
         
         
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            Code. | 
         
         
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                   (h)  The public safety report system must be configured to  | 
         
         
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            allow a county or municipality to integrate the jail records  | 
         
         
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            management system and case management systems used by the county  | 
         
         
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            with the public safety report system. | 
         
         
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                   (h-1)  The office may provide grants to reimburse counties  | 
         
         
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            and municipalities for costs related to integrating the systems  | 
         
         
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            described by Subsection (h).  The office is not required to provide  | 
         
         
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            a grant under this subsection unless the office is appropriated  | 
         
         
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            money for that purpose.  This subsection expires August 31, 2027. | 
         
         
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                   (i)  The office may modify the public safety report system to  | 
         
         
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            incorporate technological advances to the system's features  | 
         
         
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            regarding notices and to any other processes the office determines  | 
         
         
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            will enhance the system's availability to protect the public. | 
         
         
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                   SECTION 3.  Article 17.022, Code of Criminal Procedure, is  | 
         
         
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            amended by adding Subsection (g) to read as follows: | 
         
         
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                   (g)  In the manner described by this article, a magistrate  | 
         
         
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            may order, prepare, or consider a public safety report in setting  | 
         
         
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            bail for a defendant who is not in custody at the time the report is  | 
         
         
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            ordered, prepared, or considered. | 
         
         
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                   SECTION 4.  The heading to Article 17.027, Code of Criminal  | 
         
         
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            Procedure, is amended to read as follows: | 
         
         
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                   Art. 17.027.  RELEASE ON BAIL OF DEFENDANT CHARGED WITH  | 
         
         
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            FELONY OFFENSE [COMMITTED WHILE ON BAIL]. | 
         
         
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                   SECTION 5.  Article 17.027, Code of Criminal Procedure, is  | 
         
         
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            amended by amending Subsection (a) and adding Subsections (a-1),  | 
         
         
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            (a-2), (a-3), (c), and (d) to read as follows: | 
         
         
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                   (a)  Notwithstanding any other law: | 
         
         
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                         (1)  if a defendant is taken before a magistrate for  | 
         
         
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            [charged with] committing an offense punishable as a felony while  | 
         
         
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            released on bail [in a pending case] for another offense punishable  | 
         
         
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            as a felony and the subsequent offense was committed in the same  | 
         
         
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            county as the previous offense, the defendant may be released on  | 
         
         
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            bail only by: | 
         
         
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                               (A)  the court before whom the case for the  | 
         
         
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            previous offense is pending; or | 
         
         
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                               (B)  another court designated in writing by the  | 
         
         
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            court described by Paragraph (A); and | 
         
         
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                         (2)  if a defendant is taken before a magistrate for  | 
         
         
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            [charged with] committing an offense punishable as a felony while  | 
         
         
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            released on bail for another [pending] offense punishable as a  | 
         
         
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            felony and the subsequent offense was committed in a different  | 
         
         
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            county than the previous offense, electronic notice of the charge  | 
         
         
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            must be [promptly] given to the individual designated to receive  | 
         
         
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            electronic notices for the county in which the previous offense was  | 
         
         
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            committed, not later than the next business day after the date the  | 
         
         
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            defendant is taken before the magistrate, for purposes of the court  | 
         
         
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            specified by Subdivision (1) [for purposes of reevaluating the bail  | 
         
         
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            decision,] determining whether any bail conditions were  | 
         
         
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            violated[,] or taking any other applicable action such as an action  | 
         
         
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            described by Subsection (a-1). | 
         
         
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                   (a-1)  If a defendant is taken before a magistrate for  | 
         
         
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            committing an offense punishable as a felony while released on bail  | 
         
         
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            for another offense punishable as a felony, the court before which  | 
         
         
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            the case for the previous offense is pending shall consider whether  | 
         
         
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            to revoke or modify the terms of the previous bond or to otherwise  | 
         
         
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            reevaluate the previous bail decision. | 
         
         
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                   (a-2)  A magistrate appointed under Chapter 54, Government  | 
         
         
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            Code, may not release on bail a defendant who: | 
         
         
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                         (1)  is charged with committing an offense punishable  | 
         
         
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            as a felony if the defendant: | 
         
         
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                               (A)  was released on bail, parole, or community  | 
         
         
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            supervision for an offense punishable as a felony at the time of the  | 
         
         
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            instant offense; | 
         
         
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                               (B)  has previously been finally convicted of two  | 
         
         
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            or more offenses punishable as a felony and for which the defendant  | 
         
         
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            was imprisoned in the Texas Department of Criminal Justice; or | 
         
         
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                               (C)  is subject to an immigration detainer issued  | 
         
         
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            by United States Immigration and Customs Enforcement; or | 
         
         
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                         (2)  is charged with committing an offense under the  | 
         
         
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            following provisions of the Penal Code: | 
         
         
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                               (A)  Section 19.02 (murder); | 
         
         
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                               (B)  Section 19.03 (capital murder); | 
         
         
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                               (C)  Section 20.04 (aggravated kidnapping); or | 
         
         
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                               (D)  Section 22.021 (aggravated sexual assault). | 
         
         
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                   (a-3)  An order granting bail signed by a magistrate  | 
         
         
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            appointed under Chapter 54, Government Code, must include the names  | 
         
         
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            of each individual who appointed the magistrate and state that the  | 
         
         
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            magistrate was appointed by those individuals. | 
         
         
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                   (c)  The local administrative district judge for each county  | 
         
         
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            shall designate an individual to receive electronic notices under  | 
         
         
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            Subsection (a)(2).  The county shall ensure that the name and  | 
         
         
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            contact information of the individual designated to receive notices  | 
         
         
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            under this subsection are included in the public safety report  | 
         
         
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            system developed under Article 17.021. | 
         
         
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                   (d)  An individual designated under Subsection (c) who  | 
         
         
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            receives an electronic notice under Subsection (a) shall promptly  | 
         
         
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            provide the notice to the court specified by Subsection (a)(1), to  | 
         
         
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            the district clerk, and to the attorney representing the state and  | 
         
         
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            the defendant's attorney, if known, in the pending case for the  | 
         
         
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            offense for which the defendant was initially released on bail.  A  | 
         
         
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            notice provided under this subsection does not constitute an ex  | 
         
         
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            parte communication. | 
         
         
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                   SECTION 6.  Chapter 17, Code of Criminal Procedure, is  | 
         
         
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            amended by adding Article 17.029 to read as follows: | 
         
         
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                   Art. 17.029.  REVIEW OF BAIL DECISION.  (a)  This article  | 
         
         
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            applies only to a bail decision: | 
         
         
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                         (1)  regarding a defendant charged with or arrested for  | 
         
         
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            an offense punishable as a felony; and | 
         
         
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                         (2)  that was made under Article 17.028 by the  | 
         
         
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            magistrate of a court that does not have jurisdiction to try the  | 
         
         
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            offense with which the defendant is charged. | 
         
         
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                   (b)  Notwithstanding any other law, a district judge in any  | 
         
         
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            county in which the offense for which the person was arrested will  | 
         
         
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            be tried or in any county in which the charge for that offense will  | 
         
         
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            be filed has jurisdiction to modify a bail decision to which this  | 
         
         
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            article applies, regardless of whether the defendant has been  | 
         
         
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            previously indicted or an information has been previously filed for  | 
         
         
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            the offense for which the defendant was arrested. | 
         
         
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                   (c)  The local administrative judge for each county shall  | 
         
         
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            establish a procedure for the district clerk to notify each  | 
         
         
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            district judge in the county that the district clerk received a  | 
         
         
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            request to review a bail decision under this article. | 
         
         
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                   (d)  A district judge must review a bail decision as soon as  | 
         
         
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            practicable but not later than the next business day after the date  | 
         
         
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            a request to review the bail decision is filed with the district  | 
         
         
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            clerk by an attorney representing the state. | 
         
         
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                   (e)  A district judge reviewing a bail decision under this  | 
         
         
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            article shall comply with Article 17.09 and shall consider the  | 
         
         
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            facts presented and the rules established by Article 17.15(a) in  | 
         
         
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            setting the defendant's bail. | 
         
         
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                   (f)  If a district judge modifies a bail decision under this  | 
         
         
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            article to increase the amount of bail or to require additional  | 
         
         
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            conditions of bail for a defendant who is not in custody, the judge  | 
         
         
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            shall: | 
         
         
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                         (1)  issue a summons for the defendant to appear before  | 
         
         
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            the judge; and | 
         
         
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                         (2)  give the defendant a reasonable opportunity to  | 
         
         
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            appear before issuing a warrant for the defendant's arrest. | 
         
         
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                   SECTION 7.  Articles 17.03(a) and (b-2), Code of Criminal  | 
         
         
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            Procedure, are amended to read as follows: | 
         
         
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                   (a)  Except as otherwise provided by this chapter | 
         
         
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            [Subsection (b) or (b-1)], a magistrate may, in the magistrate's  | 
         
         
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            discretion, release the defendant on personal bond without sureties  | 
         
         
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            or other security. | 
         
         
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                   (b-2)  Except as provided by Articles 15.21, 17.032, 17.033,  | 
         
         
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            and 17.151, a defendant may not be released on personal bond if the  | 
         
         
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            defendant: | 
         
         
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                         (1)  is charged with: | 
         
         
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                               (A)  an offense involving violence; or | 
         
         
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                               (B)  an offense under: | 
         
         
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                                     (i)  Section 19.02(b)(4), Penal Code (murder  | 
         
         
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            as a result of manufacture or delivery of a controlled substance in  | 
         
         
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            Penalty Group 1-B); | 
         
         
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                                     (ii)  Section 22.07, Penal Code (terroristic  | 
         
         
            | 
                
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            threat), if the offense is punishable as a Class A misdemeanor or  | 
         
         
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            any higher category of offense; | 
         
         
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                                     (iii)  Section 25.07, Penal Code (violation  | 
         
         
            | 
                
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            of certain court orders or conditions of bond in a family violence,  | 
         
         
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            child abuse or neglect, sexual assault or abuse, indecent assault,  | 
         
         
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            stalking, or trafficking case); or | 
         
         
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                                     (iv)  Section 46.04(a), Penal Code (unlawful  | 
         
         
            | 
                
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            possession of firearm); or | 
         
         
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                         (2)  while released on bail, parole, or community  | 
         
         
            | 
                
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            supervision for an offense involving violence, is charged with  | 
         
         
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            committing: | 
         
         
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                               (A)  any offense punishable as a felony; or | 
         
         
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                               (B)  an offense under the following provisions of  | 
         
         
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            the Penal Code: | 
         
         
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                                     (i)  Section 22.01(a)(1) (assault); | 
         
         
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                                     (ii)  Section 22.05 (deadly conduct); or | 
         
         
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                                     (iii)  [Section 22.07 (terroristic threat);  | 
         
         
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            or | 
         
         
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                                     [(iv)]  Section 42.01(a)(7) or (8)  | 
         
         
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            (disorderly conduct involving firearm). | 
         
         
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                   SECTION 8.  Articles 17.071(a), (f), (h), and (k), Code of  | 
         
         
            | 
                
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            Criminal Procedure, are amended to read as follows: | 
         
         
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                   (a)  In this article: | 
         
         
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                         (1)  "Charitable[, "charitable] bail organization"  | 
         
         
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            means a person who accepts and uses donations from the public to  | 
         
         
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            deposit money with a court in the amount of a defendant's bail bond.  | 
         
         
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            The term does not include: | 
         
         
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                               (A) [(1)]  a person accepting donations with  | 
         
         
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            respect to a defendant who is a member of the person's family, as  | 
         
         
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            determined under Section 71.003, Family Code; or | 
         
         
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                               (B) [(2)]  a nonprofit corporation organized for  | 
         
         
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            a religious purpose. | 
         
         
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                         (2)  "Office" means the Office of Court Administration  | 
         
         
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            of the Texas Judicial System. | 
         
         
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                   (f)  Not later than the 10th day of each month, a charitable  | 
         
         
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            bail organization shall submit to the office and[,] to the sheriff  | 
         
         
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            of each county in which the organization files an affidavit under  | 
         
         
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            Subsection (e), a report that includes the following information  | 
         
         
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            for each defendant for whom the organization paid a bail bond in the  | 
         
         
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            preceding calendar month: | 
         
         
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                         (1)  the name of the defendant; | 
         
         
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                         (2)  the cause number of the case; | 
         
         
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                         (3)  each charge for which the bond was paid; | 
         
         
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                         (4)  the category of offense for each charge for which  | 
         
         
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            the bond was paid; | 
         
         
            | 
                
			 | 
                         (5)  the amount of the bond paid; | 
         
         
            | 
                
			 | 
                         (6)  the county in which the applicable charge is  | 
         
         
            | 
                
			 | 
            pending, if different from the county in which the bond was paid; | 
         
         
            | 
                
			 | 
                         (7)  [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; and | 
         
         
            | 
                
			 | 
                         (8)  whether a bond forfeiture has occurred in  | 
         
         
            | 
                
			 | 
            connection with the charge for which the bond was paid. | 
         
         
            | 
                
			 | 
                   (h)  If the office has reason to believe that a charitable  | 
         
         
            | 
                
			 | 
            bail organization may have paid one or more bonds in violation of  | 
         
         
            | 
                
			 | 
            this article, the office shall report that information to the  | 
         
         
            | 
                
			 | 
            sheriff of the county in which the suspected violation occurred. | 
         
         
            | 
                
			 | 
            The sheriff of that [a] county may suspend a charitable bail  | 
         
         
            | 
                
			 | 
            organization from paying bail bonds in the county for a period not  | 
         
         
            | 
                
			 | 
            to exceed one year if the sheriff determines the organization has  | 
         
         
            | 
                
			 | 
            paid one or more bonds in violation of this article and the  | 
         
         
            | 
                
			 | 
            organization has received a warning from the sheriff in the  | 
         
         
            | 
                
			 | 
            preceding 12-month period for another payment of bond made in  | 
         
         
            | 
                
			 | 
            violation of this article.  The sheriff shall report the suspension  | 
         
         
            | 
                
			 | 
            to the office [Office of Court Administration of the Texas Judicial  | 
         
         
            | 
                
			 | 
            System]. | 
         
         
            | 
                
			 | 
                   (k)  Not later than December 1 of each year, the office  | 
         
         
            | 
                
			 | 
            [Office of Court Administration of the Texas Judicial System] shall  | 
         
         
            | 
                
			 | 
            prepare and submit, to the governor, lieutenant governor, speaker  | 
         
         
            | 
                
			 | 
            of the house of representatives, and presiding officers of the  | 
         
         
            | 
                
			 | 
            standing committees of each house of the legislature with primary  | 
         
         
            | 
                
			 | 
            jurisdiction over the judiciary, a report regarding the information  | 
         
         
            | 
                
			 | 
            submitted to the office under Subsections (f) [(f-1)] and (h) for  | 
         
         
            | 
                
			 | 
            the preceding state fiscal year. | 
         
         
            | 
                
			 | 
                   SECTION 9.  Section 3,  Article 17.09, Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, is amended to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 3.  Provided that whenever, during the course of the  | 
         
         
            | 
                
			 | 
            action, and regardless of whether the defendant has been previously  | 
         
         
            | 
                
			 | 
            released under Article 17.151, the judge or magistrate in whose  | 
         
         
            | 
                
			 | 
            court such action is pending finds that the bond is defective,  | 
         
         
            | 
                
			 | 
            excessive or insufficient in amount, or that the sureties, if any,  | 
         
         
            | 
                
			 | 
            are not acceptable, or for any other good and sufficient cause, such  | 
         
         
            | 
                
			 | 
            judge or magistrate may, either in term-time or in vacation, order  | 
         
         
            | 
                
			 | 
            the accused to be rearrested, and require the accused to give  | 
         
         
            | 
                
			 | 
            another bond in such amount as the judge or magistrate may deem  | 
         
         
            | 
                
			 | 
            proper.  When such bond is so given and approved, the defendant  | 
         
         
            | 
                
			 | 
            shall be released from custody. | 
         
         
            | 
                
			 | 
                   SECTION 10.  Chapter 17, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by adding Article 17.092 to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 17.092.  REDUCTION IN AMOUNT OR CONDITIONS OF BOND  | 
         
         
            | 
                
			 | 
            PROHIBITED IN CERTAIN CIRCUMSTANCES.  A magistrate described by  | 
         
         
            | 
                
			 | 
            Articles 2A.151(5)-(14) may not reduce the amount or conditions of  | 
         
         
            | 
                
			 | 
            bond set by the judge of a district court, including the judge of a  | 
         
         
            | 
                
			 | 
            district court in another county. | 
         
         
            | 
                
			 | 
                   SECTION 11.  Article 17.21, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 17.21.  BAIL IN FELONY.  (a)  In cases of felony, when  | 
         
         
            | 
                
			 | 
            the accused is in custody of the sheriff or other officer, and the  | 
         
         
            | 
                
			 | 
            court before which the prosecution is pending is in session in the  | 
         
         
            | 
                
			 | 
            county where the accused is in custody, the court shall fix the  | 
         
         
            | 
                
			 | 
            amount of bail, if it is a bailable case and determine if the  | 
         
         
            | 
                
			 | 
            accused is eligible for a personal bond; and the sheriff or other  | 
         
         
            | 
                
			 | 
            peace officer, unless it be the police of a city, or a jailer  | 
         
         
            | 
                
			 | 
            licensed under Chapter 1701, Occupations Code, is authorized to  | 
         
         
            | 
                
			 | 
            take a bail bond of the accused in the amount as fixed by the court,  | 
         
         
            | 
                
			 | 
            to be approved by such officer taking the same, and will thereupon  | 
         
         
            | 
                
			 | 
            discharge the accused from custody.  The defendant and the  | 
         
         
            | 
                
			 | 
            defendant's sureties are not required to appear in court. | 
         
         
            | 
                
			 | 
                   (b)  Notwithstanding Subsection (a), before releasing on  | 
         
         
            | 
                
			 | 
            bail a defendant charged with an offense punishable as a felony, a  | 
         
         
            | 
                
			 | 
            magistrate shall ensure that: | 
         
         
            | 
                
			 | 
                         (1)  the defendant has appeared before the magistrate;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (2)  the magistrate has considered the public safety  | 
         
         
            | 
                
			 | 
            report prepared under Article 17.022 for the defendant. | 
         
         
            | 
                
			 | 
                   SECTION 12.  Chapter 27, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by adding Article 27.20 to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 27.20.  CONFINEMENT BEFORE SENTENCING ON PLEA OF GUILTY  | 
         
         
            | 
                
			 | 
            OR NOLO CONTENDERE FOR CERTAIN OFFENSES.  If a defendant is adjudged  | 
         
         
            | 
                
			 | 
            guilty after entering a plea of guilty or nolo contendere for an  | 
         
         
            | 
                
			 | 
            offense listed in Article 42A.054(a) punishable as a felony of the  | 
         
         
            | 
                
			 | 
            second degree or any higher category of offense and for which the  | 
         
         
            | 
                
			 | 
            defendant is not eligible for community supervision under Article  | 
         
         
            | 
                
			 | 
            42A.055 as provided by Article 42A.056, the court shall order that  | 
         
         
            | 
                
			 | 
            the defendant be taken into custody and confined until the  | 
         
         
            | 
                
			 | 
            defendant is sentenced. | 
         
         
            | 
                
			 | 
                   SECTION 13.  Article 42.01, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by adding Section 17 to read as follows: | 
         
         
            | 
                
			 | 
                   Sec. 17.  In addition to the information described by  | 
         
         
            | 
                
			 | 
            Section 1, the judgment must reflect affirmative findings entered  | 
         
         
            | 
                
			 | 
            pursuant to Article 42.0195. | 
         
         
            | 
                
			 | 
                   SECTION 14.  Chapter 42, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by adding Article 42.0195 to read as follows: | 
         
         
            | 
                
			 | 
                   Art. 42.0195.  FINDING REGARDING FAILURE TO APPEAR.  In the  | 
         
         
            | 
                
			 | 
            disposition of a criminal case involving any offense punishable as  | 
         
         
            | 
                
			 | 
            a Class B misdemeanor or any higher category of offense, the judge  | 
         
         
            | 
                
			 | 
            shall make an affirmative finding of fact and enter the affirmative  | 
         
         
            | 
                
			 | 
            finding in the judgment or dismissal order in the case if the judge  | 
         
         
            | 
                
			 | 
            determines that the defendant wilfully failed to appear after the  | 
         
         
            | 
                
			 | 
            defendant was released from custody for the offense.  The  | 
         
         
            | 
                
			 | 
            affirmative finding must include the number of times the defendant  | 
         
         
            | 
                
			 | 
            failed to appear for the offense. | 
         
         
            | 
                
			 | 
                   SECTION 15.  Article 44.01, Code of Criminal Procedure, is  | 
         
         
            | 
                
			 | 
            amended by amending Subsections (a) and (g) and adding Subsections  | 
         
         
            | 
                
			 | 
            (f-1) and (f-2) to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  The state is entitled to appeal an order of a court in a  | 
         
         
            | 
                
			 | 
            criminal case if the order: | 
         
         
            | 
                
			 | 
                         (1)  dismisses an indictment, information, or  | 
         
         
            | 
                
			 | 
            complaint or any portion of an indictment, information, or  | 
         
         
            | 
                
			 | 
            complaint; | 
         
         
            | 
                
			 | 
                         (2)  arrests or modifies a judgment; | 
         
         
            | 
                
			 | 
                         (3)  grants a new trial; | 
         
         
            | 
                
			 | 
                         (4)  sustains a claim of former jeopardy; | 
         
         
            | 
                
			 | 
                         (5)  grants a motion to suppress evidence, a  | 
         
         
            | 
                
			 | 
            confession, or an admission, if jeopardy has not attached in the  | 
         
         
            | 
                
			 | 
            case and if the prosecuting attorney certifies to the trial court  | 
         
         
            | 
                
			 | 
            that the appeal is not taken for the purpose of delay and that the  | 
         
         
            | 
                
			 | 
            evidence, confession, or admission is of substantial importance in  | 
         
         
            | 
                
			 | 
            the case; [or] | 
         
         
            | 
                
			 | 
                         (6)  is issued under Chapter 64; or | 
         
         
            | 
                
			 | 
                         (7)  grants bail, in an amount considered insufficient  | 
         
         
            | 
                
			 | 
            by the prosecuting attorney, to a defendant who: | 
         
         
            | 
                
			 | 
                               (A)  is charged with an offense under any of the  | 
         
         
            | 
                
			 | 
            following sections of the Penal Code: | 
         
         
            | 
                
			 | 
                                     (i)  Section 19.02 (murder); | 
         
         
            | 
                
			 | 
                                     (ii)  Section 19.03 (capital murder); | 
         
         
            | 
                
			 | 
                                     (iii)  Section 22.02 (aggravated assault)  | 
         
         
            | 
                
			 | 
            if: | 
         
         
            | 
                
			 | 
                                           (a)  the offense was committed under  | 
         
         
            | 
                
			 | 
            Subsection (a)(1); or | 
         
         
            | 
                
			 | 
                                           (b)  the defendant used a firearm,  | 
         
         
            | 
                
			 | 
            club, knife, or explosive weapon, as those terms are defined by  | 
         
         
            | 
                
			 | 
            Section 46.01, Penal Code, during the commission of the assault; | 
         
         
            | 
                
			 | 
                                     (iv)  Section 20.04 (aggravated  | 
         
         
            | 
                
			 | 
            kidnapping); | 
         
         
            | 
                
			 | 
                                     (v)  Section 29.03 (aggravated robbery); | 
         
         
            | 
                
			 | 
                                     (vi)  Section 22.021 (aggravated sexual  | 
         
         
            | 
                
			 | 
            assault); | 
         
         
            | 
                
			 | 
                                     (vii)  Section 21.11 (indecency with a  | 
         
         
            | 
                
			 | 
            child); | 
         
         
            | 
                
			 | 
                                     (viii)  Section 20A.02 (trafficking of  | 
         
         
            | 
                
			 | 
            persons); or | 
         
         
            | 
                
			 | 
                                     (ix)  Section 20A.03 (continuous  | 
         
         
            | 
                
			 | 
            trafficking of persons); or | 
         
         
            | 
                
			 | 
                               (B)  is charged with an offense punishable as a  | 
         
         
            | 
                
			 | 
            felony and was released on bail for an offense punishable as a  | 
         
         
            | 
                
			 | 
            felony at the time the instant offense was committed. | 
         
         
            | 
                
			 | 
                   (f-1)  In an appeal filed under Subsection (a)(7), a court of  | 
         
         
            | 
                
			 | 
            appeals shall: | 
         
         
            | 
                
			 | 
                         (1)  conduct a de novo review of all issues presented; | 
         
         
            | 
                
			 | 
                         (2)  expedite the appeal; and | 
         
         
            | 
                
			 | 
                         (3)  issue an order not later than the 20th day after  | 
         
         
            | 
                
			 | 
            the date the appeal is filed. | 
         
         
            | 
                
			 | 
                   (f-2)  In an appeal filed under Subsection (a)(7), a court of  | 
         
         
            | 
                
			 | 
            appeals may: | 
         
         
            | 
                
			 | 
                         (1)  affirm or modify the bail amount set by the court;  | 
         
         
            | 
                
			 | 
            or | 
         
         
            | 
                
			 | 
                         (2)  reject the bail amount set by the court and remand  | 
         
         
            | 
                
			 | 
            the case to the court, with or without guidance, for modification of  | 
         
         
            | 
                
			 | 
            the bail amount. | 
         
         
            | 
                
			 | 
                   (g)  If the state appeals pursuant to this article and the  | 
         
         
            | 
                
			 | 
            defendant is on bail, the defendant [he] shall be permitted to  | 
         
         
            | 
                
			 | 
            remain at large on the existing bail.  If the defendant is in  | 
         
         
            | 
                
			 | 
            custody, the defendant [he] is entitled to reasonable bail, as  | 
         
         
            | 
                
			 | 
            provided by law, unless the appeal is from an order which would: | 
         
         
            | 
                
			 | 
                         (1)  terminate the prosecution, in which event the  | 
         
         
            | 
                
			 | 
            defendant is entitled to release on personal bond; or | 
         
         
            | 
                
			 | 
                         (2)  grant bail in an amount considered insufficient by  | 
         
         
            | 
                
			 | 
            the prosecuting attorney, in which event the defendant shall be  | 
         
         
            | 
                
			 | 
            held in custody during the pendency of the appeal. | 
         
         
            | 
                
			 | 
                   SECTION 16.  Article 56A.051(a), Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            is amended to read as follows: | 
         
         
            | 
                
			 | 
                   (a)  A victim, guardian of a victim, or close relative of a  | 
         
         
            | 
                
			 | 
            deceased victim is entitled to the following rights within the  | 
         
         
            | 
                
			 | 
            criminal justice system: | 
         
         
            | 
                
			 | 
                         (1)  the right to receive from a law enforcement agency  | 
         
         
            | 
                
			 | 
            adequate protection from harm and threats of harm arising from  | 
         
         
            | 
                
			 | 
            cooperation with prosecution efforts; | 
         
         
            | 
                
			 | 
                         (2)  the right to have the magistrate consider the  | 
         
         
            | 
                
			 | 
            safety of the victim or the victim's family in setting the amount of  | 
         
         
            | 
                
			 | 
            bail for the defendant; | 
         
         
            | 
                
			 | 
                         (3)  if requested, the right to be informed in the  | 
         
         
            | 
                
			 | 
            manner provided by Article 56A.0525: | 
         
         
            | 
                
			 | 
                               (A)  by the attorney representing the state of  | 
         
         
            | 
                
			 | 
            relevant court proceedings, including appellate proceedings, and  | 
         
         
            | 
                
			 | 
            to be informed if those proceedings have been canceled or  | 
         
         
            | 
                
			 | 
            rescheduled before the event; and | 
         
         
            | 
                
			 | 
                               (B)  by an appellate court of the court's  | 
         
         
            | 
                
			 | 
            decisions, after the decisions are entered but before the decisions  | 
         
         
            | 
                
			 | 
            are made public; | 
         
         
            | 
                
			 | 
                         (4)  when requested, the right to be informed in the  | 
         
         
            | 
                
			 | 
            manner provided by Article 56A.0525: | 
         
         
            | 
                
			 | 
                               (A)  by a peace officer concerning the defendant's  | 
         
         
            | 
                
			 | 
            right to bail and the procedures in criminal investigations; and | 
         
         
            | 
                
			 | 
                               (B)  by the office of the attorney representing  | 
         
         
            | 
                
			 | 
            the state concerning: | 
         
         
            | 
                
			 | 
                                     (i)  the general procedures in the criminal  | 
         
         
            | 
                
			 | 
            justice system, including general procedures in guilty plea  | 
         
         
            | 
                
			 | 
            negotiations and arrangements, restitution, and the appeals and  | 
         
         
            | 
                
			 | 
            parole process; and | 
         
         
            | 
                
			 | 
                                     (ii)  whether the defendant has fully  | 
         
         
            | 
                
			 | 
            complied with any conditions of the defendant's bail; | 
         
         
            | 
                
			 | 
                         (5)  the right to provide pertinent information to a  | 
         
         
            | 
                
			 | 
            community supervision and corrections department conducting a  | 
         
         
            | 
                
			 | 
            presentencing investigation concerning the impact of the offense on  | 
         
         
            | 
                
			 | 
            the victim and the victim's family by testimony, written statement,  | 
         
         
            | 
                
			 | 
            or any other manner before any sentencing of the defendant; | 
         
         
            | 
                
			 | 
                         (6)  the right to receive information, in the manner  | 
         
         
            | 
                
			 | 
            provided by Article 56A.0525: | 
         
         
            | 
                
			 | 
                               (A)  regarding compensation to victims of crime as  | 
         
         
            | 
                
			 | 
            provided by Chapter 56B, including information related to the costs  | 
         
         
            | 
                
			 | 
            that may be compensated under that chapter and the amount of  | 
         
         
            | 
                
			 | 
            compensation, eligibility for compensation, and procedures for  | 
         
         
            | 
                
			 | 
            application for compensation under that chapter; | 
         
         
            | 
                
			 | 
                               (B)  for a victim of a sexual assault, regarding  | 
         
         
            | 
                
			 | 
            the payment under Subchapter G for a forensic medical examination;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                               (C)  when requested, providing a referral to  | 
         
         
            | 
                
			 | 
            available social service agencies that may offer additional  | 
         
         
            | 
                
			 | 
            assistance; | 
         
         
            | 
                
			 | 
                         (7)  the right to: | 
         
         
            | 
                
			 | 
                               (A)  be informed, on request, and in the manner  | 
         
         
            | 
                
			 | 
            provided by Article 56A.0525, of parole procedures; | 
         
         
            | 
                
			 | 
                               (B)  participate in the parole process; | 
         
         
            | 
                
			 | 
                               (C)  provide to the board for inclusion in the  | 
         
         
            | 
                
			 | 
            defendant's file information to be considered by the board before  | 
         
         
            | 
                
			 | 
            the parole of any defendant convicted of any offense subject to this  | 
         
         
            | 
                
			 | 
            chapter; and | 
         
         
            | 
                
			 | 
                               (D)  be notified in the manner provided by Article  | 
         
         
            | 
                
			 | 
            56A.0525, if requested, of parole proceedings concerning a  | 
         
         
            | 
                
			 | 
            defendant in the victim's case and of the defendant's release; | 
         
         
            | 
                
			 | 
                         (8)  the right to be provided with a waiting area,  | 
         
         
            | 
                
			 | 
            separate or secure from other witnesses, including the defendant  | 
         
         
            | 
                
			 | 
            and relatives of the defendant, before testifying in any proceeding  | 
         
         
            | 
                
			 | 
            concerning the defendant; if a separate waiting area is not  | 
         
         
            | 
                
			 | 
            available, other safeguards should be taken to minimize the  | 
         
         
            | 
                
			 | 
            victim's contact with the defendant and the defendant's relatives  | 
         
         
            | 
                
			 | 
            and witnesses, before and during court proceedings; | 
         
         
            | 
                
			 | 
                         (9)  the right to the prompt return of any of the  | 
         
         
            | 
                
			 | 
            victim's property that is held by a law enforcement agency or the  | 
         
         
            | 
                
			 | 
            attorney representing the state as evidence when the property is no  | 
         
         
            | 
                
			 | 
            longer required for that purpose; | 
         
         
            | 
                
			 | 
                         (10)  the right to have the attorney representing the  | 
         
         
            | 
                
			 | 
            state notify the victim's employer, if requested, that the victim's  | 
         
         
            | 
                
			 | 
            cooperation and testimony is necessary in a proceeding that may  | 
         
         
            | 
                
			 | 
            require the victim to be absent from work for good cause; | 
         
         
            | 
                
			 | 
                         (11)  the right to request victim-offender mediation  | 
         
         
            | 
                
			 | 
            coordinated by the victim services division of the department; | 
         
         
            | 
                
			 | 
                         (12)  the right to be informed, in the manner provided  | 
         
         
            | 
                
			 | 
            by Article 56A.0525, of the uses of a victim impact statement and  | 
         
         
            | 
                
			 | 
            the statement's purpose in the criminal justice system as described  | 
         
         
            | 
                
			 | 
            by Subchapter D, to complete the victim impact statement, and to  | 
         
         
            | 
                
			 | 
            have the victim impact statement considered: | 
         
         
            | 
                
			 | 
                               (A)  by the attorney representing the state and  | 
         
         
            | 
                
			 | 
            the judge before sentencing or before a plea bargain agreement is  | 
         
         
            | 
                
			 | 
            accepted; and | 
         
         
            | 
                
			 | 
                               (B)  by the board before a defendant is released  | 
         
         
            | 
                
			 | 
            on parole; | 
         
         
            | 
                
			 | 
                         (13)  for a victim of an assault or sexual assault who  | 
         
         
            | 
                
			 | 
            is younger than 17 years of age or whose case involves family  | 
         
         
            | 
                
			 | 
            violence, as defined by Section 71.004, Family Code, the right to  | 
         
         
            | 
                
			 | 
            have the court consider the impact on the victim of a continuance  | 
         
         
            | 
                
			 | 
            requested by the defendant; if requested by the attorney  | 
         
         
            | 
                
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            representing the state or by the defendant's attorney, the court  | 
         
         
            | 
                
			 | 
            shall state on the record the reason for granting or denying the  | 
         
         
            | 
                
			 | 
            continuance; and | 
         
         
            | 
                
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                         (14)  if the offense is a capital felony, the right to: | 
         
         
            | 
                
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                               (A)  receive by mail from the court a written  | 
         
         
            | 
                
			 | 
            explanation of defense-initiated victim outreach if the court has  | 
         
         
            | 
                
			 | 
            authorized expenditures for a defense-initiated victim outreach  | 
         
         
            | 
                
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            specialist; | 
         
         
            | 
                
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                               (B)  not be contacted by the victim outreach  | 
         
         
            | 
                
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            specialist unless the victim, guardian, or relative has consented  | 
         
         
            | 
                
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            to the contact by providing a written notice to the court; and | 
         
         
            | 
                
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                               (C)  designate a victim service provider to  | 
         
         
            | 
                
			 | 
            receive all communications from a victim outreach specialist acting  | 
         
         
            | 
                
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            on behalf of any person. | 
         
         
            | 
                
			 | 
                   SECTION 17.  Section 72.038, Government Code, is amended by  | 
         
         
            | 
                
			 | 
            adding Subsections (b-1) and (c-1) and amending Subsection (c) to  | 
         
         
            | 
                
			 | 
            read as follows: | 
         
         
            | 
                
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                   (b-1)  A person who, under the authority of a standing order  | 
         
         
            | 
                
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            related to bail, releases on bail a defendant who is charged with an  | 
         
         
            | 
                
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            offense punishable as a Class B misdemeanor or any higher category  | 
         
         
            | 
                
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            of offense shall complete the form required under this section. | 
         
         
            | 
                
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                   (c)  The person setting bail, an employee of the court that  | 
         
         
            | 
                
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            set the defendant's bail, or an employee of the county in which the  | 
         
         
            | 
                
			 | 
            defendant's bail was set must, on completion of the form required  | 
         
         
            | 
                
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            under this section, promptly but not later than 48 [72] hours after  | 
         
         
            | 
                
			 | 
            the time the defendant's bail is set provide the form  | 
         
         
            | 
                
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            electronically to the office through the public safety report  | 
         
         
            | 
                
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            system. | 
         
         
            | 
                
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                   (c-1)  The office shall provide to the elected district  | 
         
         
            | 
                
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            attorney in each county an electronic copy of the form submitted to  | 
         
         
            | 
                
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            the office under Subsection (c) for each defendant whose bail is set  | 
         
         
            | 
                
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            in the county for an offense involving violence, as defined by  | 
         
         
            | 
                
			 | 
            Article 17.03, Code of Criminal Procedure.  An elected district  | 
         
         
            | 
                
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            attorney shall provide an e-mail address to the office for the  | 
         
         
            | 
                
			 | 
            purpose of receiving a form as provided by this subsection. | 
         
         
            | 
                
			 | 
                   SECTION 18.  Section 51A.003(b), Human Resources Code, is  | 
         
         
            | 
                
			 | 
            amended to read as follows: | 
         
         
            | 
                
			 | 
                   (b)  The notice adopted under this section must include the  | 
         
         
            | 
                
			 | 
            following in both English and Spanish: | 
         
         
            | 
                
			 | 
                         (1)  a statement that it is a criminal offense for any  | 
         
         
            | 
                
			 | 
            person, including a member of the family or former member of the  | 
         
         
            | 
                
			 | 
            family, to cause physical injury or harm to a victim or to engage in  | 
         
         
            | 
                
			 | 
            conduct constituting stalking, harassment, or terroristic threat  | 
         
         
            | 
                
			 | 
            toward a victim; | 
         
         
            | 
                
			 | 
                         (2)  a list of agencies and social organizations that  | 
         
         
            | 
                
			 | 
            the victim may contact for assistance with safety planning,  | 
         
         
            | 
                
			 | 
            shelter, or protection; | 
         
         
            | 
                
			 | 
                         (3)  contact information for: | 
         
         
            | 
                
			 | 
                               (A)  the National Domestic Violence Hotline; | 
         
         
            | 
                
			 | 
                               (B)  victim support services at the Department of  | 
         
         
            | 
                
			 | 
            Public Safety; and | 
         
         
            | 
                
			 | 
                               (C)  the commission's family violence program;  | 
         
         
            | 
                
			 | 
            and | 
         
         
            | 
                
			 | 
                         (4)  information regarding the legal rights of a  | 
         
         
            | 
                
			 | 
            victim, including information regarding: | 
         
         
            | 
                
			 | 
                               (A)  the filing of criminal charges and obtaining  | 
         
         
            | 
                
			 | 
            a protective order or a magistrate's order for emergency  | 
         
         
            | 
                
			 | 
            protection; [and] | 
         
         
            | 
                
			 | 
                               (B)  the ability of a tenant who is a victim of  | 
         
         
            | 
                
			 | 
            family violence to vacate a dwelling and terminate a residential  | 
         
         
            | 
                
			 | 
            lease; and | 
         
         
            | 
                
			 | 
                               (C)  the ability of the victim to provide  | 
         
         
            | 
                
			 | 
            information to the local prosecutor that will be helpful to a  | 
         
         
            | 
                
			 | 
            magistrate setting bail if the person committing the offense is  | 
         
         
            | 
                
			 | 
            arrested. | 
         
         
            | 
                
			 | 
                   SECTION 19.  Article 17.071(f-1), Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, is repealed. | 
         
         
            | 
                
			 | 
                   SECTION 20.  As soon as practicable but not later than  | 
         
         
            | 
                
			 | 
            October 1, 2025, the Texas Supreme Court shall adopt rules  | 
         
         
            | 
                
			 | 
            necessary to implement Article 44.01(f-1), Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure, as added by this Act. | 
         
         
            | 
                
			 | 
                   SECTION 21.  The change in law made by this Act applies only  | 
         
         
            | 
                
			 | 
            to an offense committed on or after the effective date of this Act.   | 
         
         
            | 
                
			 | 
            An offense committed before the effective date of this Act is  | 
         
         
            | 
                
			 | 
            governed by the law in effect on the date the offense was committed,  | 
         
         
            | 
                
			 | 
            and the former law is continued in effect for that purpose.  For  | 
         
         
            | 
                
			 | 
            purposes of this section, an offense was committed before the  | 
         
         
            | 
                
			 | 
            effective date of this Act if any element of the offense occurred  | 
         
         
            | 
                
			 | 
            before that date. | 
         
         
            | 
                
			 | 
                   SECTION 22.  (a)  Except as otherwise provided by this  | 
         
         
            | 
                
			 | 
            section, this Act takes effect September 1, 2025. | 
         
         
            | 
                
			 | 
                   (b)  The following provisions, as added by this Act, take  | 
         
         
            | 
                
			 | 
            effect January 1, 2026: | 
         
         
            | 
                
			 | 
                         (1)  Article 16.24, Code of Criminal Procedure; | 
         
         
            | 
                
			 | 
                         (2)  Articles 17.021(c-1), (h), and (h-1), Code of  | 
         
         
            | 
                
			 | 
            Criminal Procedure; | 
         
         
            | 
                
			 | 
                         (3)  Articles 17.027(c) and (d), Code of Criminal  | 
         
         
            | 
                
			 | 
            Procedure; and | 
         
         
            | 
                
			 | 
                         (4)  Section 72.038(c-1), Government Code. | 
         
         
            | 
                
			 | 
                   (c)  The following provisions take effect April 1, 2026: | 
         
         
            | 
                
			 | 
                         (1)  Article 17.021(b), Code of Criminal Procedure, as  | 
         
         
            | 
                
			 | 
            amended by this Act; | 
         
         
            | 
                
			 | 
                         (2)  Article 17.027(a), Code of Criminal Procedure, as  | 
         
         
            | 
                
			 | 
            amended by this Act; and | 
         
         
            | 
                
			 | 
                         (3)  Article 17.027(a-1), Code of Criminal Procedure,  | 
         
         
            | 
                
			 | 
            as added by this Act. | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
            ______________________________ | 
         
         
            |   | 
               President of the Senate | 
            Speaker of the House      | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I hereby certify that S.B. No. 9 passed the Senate on  | 
         
         
            | 
                		
			 | 
            February 19, 2025, by the following vote:  Yeas 28, Nays 2; and  | 
         
         
            | 
                		
			 | 
            that the Senate concurred in House amendment on May 29, 2025, by the  | 
         
         
            | 
                		
			 | 
            following vote:  Yeas 29, Nays 2. | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
         
         
            |   | 
            Secretary of the Senate     | 
         
         
            |   | 
         
         
            | 
                		
			 | 
                   I hereby certify that S.B. No. 9 passed the House, with  | 
         
         
            | 
                		
			 | 
            amendment, on May 20, 2025, by the following vote:  Yeas 118,  | 
         
         
            | 
                		
			 | 
            Nays 25, three present not voting. | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            |   | 
            ______________________________ | 
         
         
            |   | 
            Chief Clerk of the House    | 
         
         
            |   | 
         
         
            | 
                		
			 | 
             | 
         
         
            |   | 
         
         
            | 
                		
			 | 
            Approved: | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________  | 
         
         
            | 
                		
			 | 
                        Date | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
             | 
         
         
            | 
                		
			 | 
            ______________________________  | 
         
         
            | 
                		
			 | 
                      Governor |