Huffman Bail Bill Gives Magistrates More History Before Setting Bail

The text as introduced · 1,725 words

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.