SB1047 - 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.

  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;    &#x [Text truncated for display. Full text available on LegiScan.]