89R5019 LHC-F

By: Huffman S.B. No. 1047

A BILL TO BE ENTITLED

AN ACT

relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to victims of family violence, stalking, harassment, or terroristic threat.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 17.021, Code of Criminal Procedure, is amended by amending Subsection (b) and adding Subsection (h) to read as follows:

(b) The public safety report system must:

(1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a);

(2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested;

(3) provide information on the eligibility of the defendant for a personal bond;

(4) provide information regarding the applicability of any required or discretionary bond conditions;

(5) provide, in summary form, the criminal history of the defendant, including information regarding [any]:

(A) any previous misdemeanor or felony convictions;

(B) any pending charges, including whether the defendant is currently released on bail or other pretrial release and any conditions of that release;

(C) any previous sentences imposing a term of confinement;

(D) any previous convictions or pending charges for:

(i) offenses that are offenses involving violence as defined by Article 17.03; or

(ii) offenses involving violence directed against a peace officer; [and]

(E) any previous failures of the defendant to appear in court following release on bail;

(F) whether the defendant is currently on community supervision, parole, or mandatory supervision for an offense;

(G) any outstanding warrants for the defendant's arrest, including a warrant issued under Article 42A.751 of this code or Section 508.251, Government Code; and

(H) any current or previous protective orders, as defined by Section 72.151, Government Code, for which the defendant is the subject; and

(6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code.

(h) The office shall, without cost to the county, allow a county to integrate with the public safety report system the jail records management system and case management system used by the county.

SECTION 2. Article 17.022, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsection (g) to read as follows:

(a) A magistrate considering the release on bail of a defendant charged with an offense punishable as a Class B misdemeanor or any higher category of offense shall order that:

(1) the personal bond office established under Article 17.42 for the county in which the defendant is being detained, if a personal bond office has been established for that county, or other suitably trained person including judicial personnel or sheriff's department personnel, use the public safety report system developed under Article 17.021 to prepare a public safety report with respect to the defendant; and

(2) the public safety report prepared under Subdivision (1) be provided, as soon as practicable but not later than 48 hours after the defendant's arrest, to the magistrate, the attorney representing the state, and the clerk of the court in which the case is pending [as soon as practicable but not later than 48 hours after the defendant's arrest].

(g) In the manner described by this article, a magistrate may order, prepare, or consider a public safety report in setting bail for a defendant who is not in custody at the time the report is ordered, prepared, or considered.

SECTION 3. Article 17.027, Code of Criminal Procedure, is amended by amending Subsection (a) and adding Subsections (a-1), (c), and (d) to read as follows:

(a) Notwithstanding any other law:

(1) if a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony and the subsequent offense was committed in the same county as the previous offense, the defendant may be released on bail only by:

(A) the court before whom the case for the previous offense is pending; or

(B) another court designated in writing by the court described by Paragraph (A); and

(2) if a defendant is charged with committing an offense punishable as a felony while released on bail for another pending offense punishable as a felony and the subsequent offense was committed in a different county than the previous offense, electronic notice of the charge must be [promptly] given to the individual designated to receive electronic notices for the county in which the previous offense was committed, not later than the next business day after the date the defendant is charged, for purposes of the court specified by Subdivision (1) [for purposes of reevaluating the bail decision,] determining whether any bail conditions were violated[,] or taking any other applicable action such as an action described by Subsection (a-1).

(a-1) If a defendant is charged with committing an offense punishable as a felony while released on bail in a pending case for another offense punishable as a felony, the court before which the case for the previous offense is pending shall consider whether to revoke or modify the terms of the previous bond or to otherwise reevaluate the previous bail decision.

(c) The local administrative district judge for each county shall designate an individual to receive electronic notices under Subsection (a)(2). The county shall ensure that the name and contact information of the individual designated to receive notices under this subsection are:

(1) provided on all criminal history and warrant documents issued by the county; and

(2) included in the public safety report system developed under Article 17.021.

(d) An individual designated under Subsection (c) who receives an electronic notice under Subsection (a) shall promptly provide the notice to the court specified by Subsection (a)(1) and to the attorney representing the state and the defendant's attorney in the pending case for the offense for which the defendant was initially released on bail. A notice provided under this subsection does not constitute an ex parte communication.

SECTION 4. Chapter 17, Code of Criminal Procedure, is amended by adding Article 17.029 to read as follows:

Art. 17.029. REVIEW OF BAIL DECISION. (a) This article applies only to a magistrate of a court that does not have jurisdiction to try the offense with which the defendant is charged.

(b) Except as provided by Subsection (f), as soon as practicable but not later than the next business day after the date a magistrate described by Subsection (a) issues an order under Article 17.028(a) for a defendant who is charged with an offense punishable as a Class B misdemeanor or any higher category of offense, the magistrate shall send the following to the clerk of each court in the county with jurisdiction to try the offense:

(1) the order issued under Article 17.028(a) and a description of any conditions of bond imposed on the defendant;

(2) the complaint charging the commission of the offense; and

(3) the warrant of arrest, if applicable.

(c) The documents described by Subsection (b) may be sent by any method that ensures transmission of a duplicate of the original, including secure facsimile transmission or other secure electronic means.

(d) An order described by Subsection (b) may, at the request of the defendant or the attorney representing the state, be reviewed and modified by:

(1) a court to which the order and information were provided under Subsection (b); or

(2) another court designated in writing by a court described by Subdivision (1).

(e) A court reviewing a bail decision under Subsection (d) shall comply with Article 17.09 and shall consider the facts presented and the rules established by Article 17.15(a) in setting the defendant's bail.

(f) A magistrate is not required to transmit the order and information as described by Subsection (b) if the commissioners court of the county has adopted an alternative procedure to provide for the review of a bail decision issued by a magistrate of a court that does not have jurisdiction to try the offense with which the defendant is charged.

SECTION 5. Section 72.038, Government Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) A person who releases a defendant on bail under the authority of a standing order related to bail shall complete the form required under this section.

SECTION 6. 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 7. 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 8. This Act takes effect September 1, 2025.