bill to let personal bond offices run pretrial supervision

The text as introduced · 1,201 words

89R9964 CJD-F

By: Kitzman
H.B. No. 3123

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of a personal bond or personal

bond and pretrial supervision office.

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

SECTION 1. The heading to Article 17.42, Code of Criminal

Procedure, is amended to read as follows:

Art. 17.42. PERSONAL BOND OR PERSONAL BOND AND PRETRIAL

SUPERVISION OFFICE.

SECTION 2. Section 1, Article 17.42, Code of Criminal

Procedure, is amended to read as follows:

Sec. 1. Any county, or any judicial district with

jurisdiction in more than one county, with the approval of the

commissioners court of each county in the district, may establish a

personal bond or personal bond and pretrial supervision office to

gather and review information about an accused that may have a

bearing on whether the accused [ he ] will comply with the conditions

of a personal bond and report its findings to the court before which

the case is pending.

SECTION 3. Sections 4(a) and (b), Article 17.42, Code of

Criminal Procedure, are amended to read as follows:

(a) Except as otherwise provided by this subsection, if a

court releases an accused on personal bond on the recommendation of

a personal bond or personal bond and pretrial supervision office,

the court shall assess a personal bond reimbursement fee of $20 or

three percent of the amount of the bail fixed for the accused,

whichever is greater. The court may waive the fee or assess a

lesser fee if good cause is shown. A court that requires a

defendant to give a personal bond under Article 45A.107 may not

assess a personal bond reimbursement fee under this subsection.

(b) Reimbursement fees collected under this article may be

used solely to defray expenses of the personal bond or personal bond

and pretrial supervision office, including defraying the expenses

of extradition.

SECTION 4. Sections 5(a) and (c), Article 17.42, Code of

Criminal Procedure, are amended to read as follows:

(a) A personal bond or personal bond and pretrial

supervision [ pretrial release ] office established under this

article shall:

(1) prepare a record containing information about any

accused person identified by case number only who, after review by

the office, is released by a court on personal bond before

sentencing in a pending case;

(2) update the record on a monthly basis; and

(3) file a copy of the record with the district or

county clerk, as applicable based on court jurisdiction over the

categories of offenses addressed in the records, in any county

served by the office.

(c) This section does not apply to a personal bond or

personal bond and pretrial supervision [ pretrial release ] office

that on January 1, 1995, was operated by a community corrections and

supervision department.

SECTION 5. Sections 6(a) and (c), Article 17.42, Code of

Criminal Procedure, are amended to read as follows:

(a) Not later than April 1 of each year, a personal bond or

personal bond and pretrial supervision office established under

this article shall submit to the commissioners court or district

and county judges that established the office an annual report

containing information about the operations of the office during

the preceding year.

(c) This section does not apply to a personal bond or

personal bond and pretrial supervision [ pretrial release ] office

that on January 1, 1995, was operated by a community corrections and

supervision department.

SECTION 6. Article 17.42, Code of Criminal Procedure, is

amended by adding Sections 7 and 8 to read as follows:

Sec. 7. (a) The commissioners court of a county that

establishes a personal bond and pretrial supervision office or the

district and county judges of a judicial district that establishes

a personal bond and pretrial supervision office may direct the

office to provide the pretrial services a community supervision and

corrections department may provide under Section 76.011,

Government Code.

(b) Except as otherwise provided by this subsection,

programs operated by the office under Subsection (a) may include

reasonable conditions and monitoring related to the purpose of the

programs, including testing for controlled substances and alcohol

use. If this subsection conflicts with a more specific provision of

another law, the other law prevails.

(c) This section does not apply to a personal bond and

pretrial supervision office that on January 1, 1995, was operated

by a community corrections and supervision department.

Sec. 8. (a) The commissioners court of a county that

establishes a personal bond and pretrial supervision office or the

district and county judges of a judicial district that establishes

a personal bond and pretrial supervision office may, as part of the

court's or the judges' duties related to pretrial services, direct

the office to provide:

(1) indigent legal services monitoring, including:

(A) assisting defendants in filing applications

for indigent legal services;

(B) reviewing applications and documentation to

assist the court in determining eligibility for indigent legal

services; and

(C) coordinating with appointed attorneys to

ensure sufficient legal services are provided;

(2) pretrial rehabilitative services, including:

(A) determining what rehabilitative services are

available to a defendant;

(B) making recommendations to this state, to

defense counsel, and to the court on rehabilitative services; and

(C) monitoring the placement of defendants in

rehabilitative services;

(3) coordination of mental health services,

including:

(A) recommending mental health testing;

(B) assisting defense counsel in meeting mental

health testing requirements;

(C) monitoring compliance with mental health

testing dates; and

(D) assisting magistrates with mental health

orders and testing; and

(4) other services as are required to fulfill the

goals of pretrial bond supervision.

(b) This section does not apply to a personal bond and

pretrial supervision office that on January 1, 1995, was operated

by a community corrections and supervision department.

SECTION 7. Subchapter F, Chapter 411, Government Code, is

amended by adding Section 411.14105 to read as follows:

Sec. 411.14105. ACCESS TO CRIMINAL HISTORY RECORD

INFORMATION: PERSONAL BOND OR PERSONAL BOND AND PRETRIAL

SUPERVISION OFFICE. (a) In this section, "personal bond or

personal bond and pretrial supervision office" means an office

established under Article 17.42, Code of Criminal Procedure.

(b) The director of a personal bond or personal bond and

pretrial supervision office, or an employee of the office

authorized by the director, is entitled to obtain from the

department criminal history record information maintained by the

department that relates to a person who is being considered for

personal bond or is receiving services from the office.

(c) A person who obtains criminal history record

information under Subsection (b) may not release the information to

any person except to a judge or magistrate making a bond

determination, if the criminal history is relevant to that

determination.

(d) Notwithstanding Subsection (c), a person who obtains

criminal history record information under Subsection (b) may

disclose to the subject of the information, the attorney

representing the state, or the subject's defense attorney:

(1) the date and place of any arrest in the subject's

criminal history and the offense for which the subject was

arrested; and

(2) the associated dispositions.

(e) The department may not charge a fee for providing

criminal history record information under this section.

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