SB9 - Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.

      S.B. No. 9         AN ACT   relating to the confinement or release of defendants before trial   or sentencing, including regulating charitable bail organizations,   and the conditions of and procedures for setting bail and reviewing   bail decisions.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 16, Code of Criminal Procedure, is   amended by adding Article 16.24 to read as follows:           Art.   16.24.     REPORTING OF CONDITIONS OF PRETRIAL   INTERVENTION PROGRAM. As soon as practicable but not later than the   10th business day after the date a defendant enters a pretrial   intervention program, the attorney representing the state, or the   attorney's designee who is responsible for monitoring the   defendant's compliance with the conditions of the program, shall   enter information relating to the conditions of the program into   the appropriate database of the statewide law enforcement   information system maintained by the Department of Public Safety or   modify or remove information, as appropriate.          SECTION 2.  Article 17.021, Code of Criminal Procedure, is   amended by amending Subsection (b) and adding Subsections (c-1),   (h), (h-1), and (i) 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)  previous misdemeanor or felony convictions;                      (B)  pending charges;                      (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)  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)     whether the defendant is currently released   on bail or participating in a pretrial intervention program and any   conditions of that release or participation;                       (H)     outstanding warrants for the defendant's   arrest that have been entered into the National Crime Information   Center database or the Texas Crime Information System established   under Section 411.0541, Government Code, including a warrant issued   under Article 42A.751 of this code or Section 508.251, Government   Code; and                       (I)     any current 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.           (c-1)     On request by an attorney representing the state, the   office shall provide to the attorney access to the public safety   report system for the purpose of allowing the attorney to access a   bail form submitted to the office under Section 72.038, Government   Code.           (h)     The public safety report system must be configured to   allow a county or municipality to integrate the jail records   management system and case management systems used by the county   with the public safety report system.           (h-1)     The office may provide grants to reimburse counties   and municipalities for costs related to integrating the systems   described by Subsection (h). The office is not required to provide   a grant under this subsection unless the office is appropriated   money for that purpose. This subsection expires August 31, 2027.           (i)     The office may modify the public safety report system to   incorporate technological advances to the system's features   regarding notices and to any other processes the office determines   will enhance the system's availability to protect the public.          SECTION 3.  Article 17.022, Code of Criminal Procedure, is   amended by adding Subsection (g) to read as follows:           (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 4.  The heading to Article 17.027, Code of Criminal   Procedure, is amended to read as follows:          Art. 17.027.  RELEASE ON BAIL OF DEFENDANT CHARGED WITH   FELONY OFFENSE [ COMMITTED WHILE ON BAIL ].          SECTION 5.  Article 17.027, Code of Criminal Procedure, is   amended by amending Subsection (a) and adding Subsections (a-1),   (a-2), (a-3), (c), and (d) to read as follows:          (a)  Notwithstanding any other law:                (1)  if a defendant is taken before a magistrate for     [ 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 taken before a magistrate for     [ 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 taken before the magistrate, 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 taken before a magistrate for   committing an offense punishable as a felony while released on bail   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.           (a-2)     A magistrate appointed under Chapter 54, Government   Code, may not release on bail a defendant who:                 (1)     is charged with committing an offense punishable   as a felony if the defendant:                       (A)     was released on bail, parole, or community   supervision for an offense punishable as a felony at the time of the   instant offense;                       (B)     has previously been finally convicted of two   or more offenses punishable as a felony and for which the defendant   was imprisoned in the Texas Department of Criminal Justice; or                       (C)     is subject to an immigration detainer issued   by United States Immigration and Customs Enforcement; or                 (2)     is charged with committing an offense under the   following provisions of the Penal Code:                       (A)  Section 19.02 (murder);                       (B)  Section 19.03 (capital murder);                       (C)  Section 20.04 (aggravated kidnapping); or                       (D)  Section 22.021 (aggravated sexual assault).           (a-3)     An order granting bail signed by a magistrate   appointed under Chapter 54, Government Code, must include the names   of each individual who appointed the magistrate and state that the   magistrate was appointed by those individuals.           (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 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), to   the district clerk, and to the attorney representing the state and   the defendant's attorney, if known, 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 6.  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 bail decision:                 (1)     regarding a defendant charged with or arrested for   an offense punishable as a felony; and                 (2)     that was made under Ar [Text truncated for display. Full text available on LegiScan.]