88R14130 JCG-F
	By: Reynolds	H.B. No. 4379

	A BILL TO BE ENTITLED
	AN ACT
	relating to citations and arrests for criminal offenses and
	pretrial detention and release.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Title 1, Code of Criminal Procedure, is amended
	by adding Chapter 17B to read as follows:
	CHAPTER 17B. PRETRIAL RELEASE AND DETENTION ACT
	SUBCHAPTER A. GENERAL PROVISIONS
	Art. 17B.001.  SHORT TITLE. This chapter may be cited as the
	Texas Pretrial Release and Detention Act.
	Art. 17B.002.  DEFINITIONS. In this chapter:
	(1)  "Abscond" means to fail to appear in court as
	required with the intent to avoid or delay adjudication.
	(2)  "Charge" means an allegation of an offense in a
	complaint, information, indictment, citation, or similar record.
	(3)  "Citation" means a record issued by a peace
	officer alleging an offense.
	(4)  "Covered offense" means:
	(A)  a violent offense or sexual offense as those
	terms are defined by Section 11a(b), Article I, Texas Constitution;
	or
	(B)  an offense under Section 20A.03, Penal Code
	(Continuous Trafficking of Persons).
	(5)  "Detention hearing" means a hearing under Article
	17B.151.
	(6)  "Homeless person" means a person who at any time in
	the preceding six months had a primary address at:
	(A)  a shelter operated and supervised by a
	governmental entity or a private charitable organization for the
	purpose of providing temporary living accommodations, including
	welfare hotels, congregate shelters, or transitional housing for
	persons with behavioral or mental health disorders; or
	(B)  a public or private place not designed for or
	regularly used as a regular sleeping accommodation for human
	beings, including an automobile, a park, an abandoned building, a
	bus or train station, or a similar setting.
	(7)  "Obstruct justice" means interfere with the
	criminal process with the intent to influence or impede the
	administration of justice. The term includes tampering with a
	witness or evidence.
	(8)  "Offense" means conduct prohibited by law and
	subject to a criminal penalty.
	(9)  "Record" means information that is inscribed on a
	tangible medium or that is stored in an electronic or other medium
	and is retrievable in perceivable form.
	(10)  "Release hearing" means a hearing under Article
	17B.101.
	(11)  "Release on recognizance" means pretrial release
	of an individual with no condition other than to appear in court as
	required and to abide by generally applicable laws.
	(12)  "Secured appearance bond" means a person's
	promise, secured by sufficient surety, deposit, lien, or proof of
	access to collateral, to forfeit a specified sum if the individual
	whose appearance is the subject of the bond absconds or does not
	appear.
	(13)  "Undue hardship" means a burden that causes a
	person or the person's dependents to sacrifice to some extent the
	basic necessities of life, including food, medical care, clothing,
	shelter, transportation, or hygiene products.
	(14)  "Unsecured appearance bond" means a person's
	promise other than through secured appearance bond to forfeit a
	specified sum if the individual whose appearance is the subject of
	the bond absconds or does not appear.
	Art. 17B.003.  SCOPE. This chapter governs a determination
	to arrest, release, or detain an individual before trial. This
	chapter does not affect the law of this state other than this
	chapter regarding related matters, including:
	(1)  forfeiture, release, or collection of a secured
	appearance bond or an unsecured appearance bond;
	(2)  involuntary commitment;
	(3)  a right of a crime victim, including a right of
	notification;
	(4)  appellate review; or
	(5)  release pending appeal.
	Art. 17B.004.  CONFLICT OF LAWS. To the extent of any
	conflict between this chapter and another law, this chapter
	prevails.
	SUBCHAPTER B. CITATION AND ARREST
	Art. 17B.051.  AUTHORITY FOR CITATION OR ARREST. (a) If a
	peace officer has probable cause to believe an individual is
	committing or has committed an offense, the peace officer may issue
	the individual a citation or take other action authorized by law.
	(b)  Except as otherwise provided by law of this state other
	than this chapter, a peace officer, including a person acting at the
	direction of the peace officer, may arrest an individual only if:
	(1)  the individual is subject to an order of detention
	from any jurisdiction, including an arrest warrant or order of
	revocation of community supervision, parole, mandatory
	supervision, or release; or
	(2)  subject to Subsection (c), the peace officer has
	probable cause to believe the individual is committing or has
	committed an offense.
	(c)  If an offense under Subsection (b)(2) is a misdemeanor,
	a peace officer, including a person acting at the direction of a
	peace officer, may not arrest an individual unless:
	(1)  after the person has used all reasonably available
	means to confirm the identification of the individual, the
	individual fails to provide adequate identification, orally or
	through documentation, as lawfully requested by the person; or
	(2)  the peace officer reasonably believes arrest is
	necessary to:
	(A)  protect a reasonably identifiable individual
	from significant imminent harm; or
	(B)  prevent the individual from fleeing the
	jurisdiction.
	(d)  For each arrest a peace officer makes under this
	article, the peace officer shall report to the law enforcement
	agency that employs the officer the reason the officer did not issue
	a citation in lieu of arrest under Subsection (a).
	Art. 17B.052.  FORM OF CITATION. A citation must state:
	(1)  the circumstances of the alleged offense and the
	provision of law violated;
	(2)  if a court appearance is required:
	(A)  the time and place the individual must appear
	before a magistrate; and
	(B)  the process for requesting a change in the
	appearance date; and
	(3)  the possible consequences of failing to appear as
	required by the citation or committing an offense before the
	individual's first court appearance.
	Art. 17B.0525.  DUTIES AFTER CITATION. After issuing a
	citation under Article 17B.051 to an individual, a peace officer
	shall offer the following services to the individual:
	(1)  phone calls and text messages to the individual
	for the purpose of reminding the individual of the date the
	individual is required to appear in court;
	(2)  information on how the individual may:
	(A)  contact the court for further information;
	(B)  report to the court a change in
	circumstances, including difficulties in attending a scheduled
	court appearance; or
	(C)  reschedule the date and time the individual
	is required to appear in court; and
	(3)  if available in the jurisdiction, transportation
	to the court for the scheduled appearance, transitional housing as
	needed, and child care for the purpose of assisting the individual
	in attending the scheduled court appearance.
	Art. 17B.053.  RELEASE AFTER ARREST. A peace officer may
	release an individual after arrest and without a release hearing by
	issuing a citation under Article 17B.051(a). The peace officer may
	require the individual to execute an unsecured appearance bond as a
	condition of release.
	Art. 17B.054.  APPEARANCE ON CITATION. (a) If an individual
	appears as required by a citation, the court shall issue an order of
	pretrial release on recognizance in the case for which the citation
	was issued. The order must include the information under Article
	17B.104(a).
	(b)  If an individual absconds or does not appear as required
	by a citation, the court may issue an arrest warrant.
	SUBCHAPTER C. RELEASE HEARING
	Art. 17B.101.  RIGHT TO HEARING; TIMING. (a) Unless an
	arrested individual is released under Article 17B.053 after arrest,
	the individual is entitled to a hearing to determine release
	pending trial. Except as otherwise provided in Subsection (b), the
	court shall hold the hearing not later than 24 hours after the
	arrest.
	(b)  The court may continue a release hearing:
	(1)  on motion of the arrested individual; or
	(2)  in extraordinary circumstances, to a time that is
	not later than 48 hours after arrest, on its own motion.
	Art. 17B.102.  RIGHTS OF ARRESTED INDIVIDUAL. (a) An
	arrested individual has a right to be heard at a release hearing.
	(b)  An arrested individual has a right to counsel at a
	release hearing. If the individual is unable to obtain counsel for
	the hearing, the court shall appoint counsel. The scope of
	representation under this article may be limited to the subject
	matter of the hearing.
	Art. 17B.103.  JUDICIAL DETERMINATION OF RELEVANT RISK. At
	a release hearing, the court shall determine whether the arrested
	individual poses a risk that is relevant to pretrial release. The
	individual poses a relevant risk only if the court determines by
	clear and convincing evidence that the individual is significantly
	likely to abscond, obstruct justice, violate a protective order, or
	cause significant harm to a reasonably identifiable individual. The
	court shall consider:
	(1)  available information concerning:
	(A)  the nature, seriousness, and circumstances
	of the alleged offense;
	(B)  the weight of the evidence against the
	individual;
	(C)  the individual's adult criminal history,
	history of absconding, and community ties;
	(D)  whether the individual has a pending charge
	in another matter or is on community supervision, parole, or
	mandatory supervision; and
	(E)  only as factors supporting release, the
	defendant's:
	(i)  place of residence and the period for
	which the defendant has resided there;
	(ii)  community ties; and
	(iii)  employment and education
	commitments;
	(2)  any relevant information in a pretrial risk
	assessment; and
	(3)  other relevant information that weighs in favor of
	release, including information provided by the individual or the
	attorney representing the state.
	Art. 17B.104.  PRETRIAL RELEASE. (a) Except as otherwise
	provided in Subsection (b) and Article 17B.108, at a release
	hearing the court shall issue an order of pretrial release on
	recognizance. The order must state:
	(1)  the time and place the individual must appear
	before a magistrate; and
	(2)  the possible consequences of failing to appear as
	required by the order of committing an offense while the charge is
	pending.
	(b)  If the court determines under Article 17B.103 that an
	arrested individual poses a relevant risk, the court shall
	determine under Articles 17B.105, 17B.106, and 17B.107 whether
	pretrial release of the individual is appropriate.
	(c)  If the court determines under Articles 17B.105,
	17B.106, and 17B.107 that pretrial release is appropriate, the
	court shall issue an order of pretrial release. The order must
	include the information required under Subsection (a) and any
	restrictive condition imposed by the court.
	Art. 17B.105.  PRACTICAL ASSISTANCE; VOLUNTARY SUPPORTIVE
	SERVICES. (a) If the court determines under Article 17B.103 that an
	arrested individual poses a relevant risk, the court shall
	determine whether practical assistance or a voluntary supportive
	service, or both, are available and sufficient to address
	satisfactorily the risk.
	(b)  If the court determines the practical assistance or a
	voluntary supportive service is available and sufficient to address
	satisfactorily a relevant risk the court identifies under Article
	17B.103, the court shall refer the individual to the practical
	assistance or voluntary supportive service and issue an order of
	pretrial release under Article 17B.104(c).
	(c)  For purposes of this article, "voluntary supportive
	service" includes transportation assistance, child care
	assistance, and referrals to community-based mental health
	services.
	Art. 17B.106.  RESTRICTIVE CONDITION OF RELEASE. (a) If the
	court determines under Article 17B.105 that practical assistance or
	a voluntary supportive service is not sufficient to address
	satisfactorily a relevant risk the court identifies under Article
	17B.103, the court shall impose the least restrictive condition or
	conditions reasonably necessary to address satisfactorily the risk
	and issue an order of pretrial release under Article 17B.104(c).
	(b)  A restrictive condition under Subsection (a) may
	include:
	(1)  mandatory therapeutic treatment or social
	services;
	(2)  a requirement to seek to obtain or maintain
	employment or maintain an education commitment;
	(3)  a restriction on possession or use of a weapon;
	(4)  a restriction on travel;
	(5)  a restriction on contact with a specified person;
	(6)  a restriction on a specified activity;
	(7)  supervision by a community supervision and
	corrections department or an individual;
	(8)  active or passive electronic monitoring;
	(9)  house arrest;
	(10)  subject to Article 17B.107, a secured appearance
	bond or unsecured appearance bond;
	(11)  a condition proposed by the arrested individual,
	the attorney representing the state, or an alleged victim;
	(12)  any other nonfinancial condition required by law
	of this state other than this chapter; or
	(13)  another condition to address satisfactorily the
	relevant risk the court identifies under Article 17B.103.
	(c)  The court shall state in a record the reasons the
	restrictive condition or conditions imposed under Subsection (a)
	are the least restrictive reasonably necessary to address
	satisfactorily the relevant risk the court identifies under Article
	17B.103.
	Art. 17B.107.  FINANCIAL CONDITION OF RELEASE. (a) Subject
	to Articles 17B.108 and 17B.153, the court may not impose a
	restrictive condition under Article 17B.106 that requires initial
	payment of a fee in a sum greater than the arrested individual is
	able to pay without causing undue hardship from personal financial
	resources not later than 24 hours after the condition is imposed. If
	the individual is unable to pay the initial fee, the court shall
	waive or modify the fee, or waive or modify the restrictive
	condition that requires payment of the fee, to the extent necessary
	to release the individual. If the individual is unable to pay a
	recurring fee, the court shall waive or modify the recurring fee or
	the restrictive condition that requires payment of the fee.
	(b)  Before imposing a secured appearance bond or unsecured
	appearance bond under Article 17B.106, the court shall consider the
	arrested individual's personal financial resources and
	obligations, including income, assets, expenses, liabilities, and
	dependents.
	(c)  Subject to Articles 17B.108 and 17B.153, the court may
	not impose a secured appearance bond as a restrictive condition
	under Article 17B.106 unless the court determines by clear and
	convincing evidence that the arrested individual is significantly
	likely to abscond, obstruct justice, or violate a protective order.
	(d)  Subject to Articles 17B.108 and 17B.153, the court may
	not impose a secured appearance bond as a restrictive condition
	under Article 17B.106:
	(1)  to keep an arrested individual detained;
	(2)  for a charge that is not a felony, unless the
	individual has been previously convicted of an offense under
	Section 38.10, Penal Code, within the preceding five years; or
	(3)  the cost of which is an amount greater than the
	individual is able to pay without causing undue hardship from
	personal financial resources not later than 24 hours after the
	condition is imposed.
	(e)  The court shall presume that a restrictive condition
	requiring the payment of a fee or imposing a secured appearance bond
	causes undue hardship under Subsection (a) or (d) on the arrested
	individual if the individual:
	(1)  is eligible for the appointment of counsel in a
	criminal proceeding under Article 26.04 or other law;
	(2)  is, or has been at any time within the preceding
	six months, a homeless person;
	(3)  regularly earns income at or below 200% of the
	federal poverty level;
	(4)  is a full-time student enrolled at a college or an
	institution of higher education;
	(5)  has been at any time in the preceding six months
	confined in a correctional facility, as defined by Section 1.07,
	Penal Code;
	(6)  has resided at any time in the preceding six months
	in a facility primarily engaged in providing mental health
	services; or
	(7)  qualifies for or has dependents who qualify for
	any state or federal assistance program, including:
	(A)  the medical assistance program operated
	under Chapter 32, Human Resources Code;
	(B)  the supplemental nutrition assistance
	program (SNAP) operated under Chapter 33, Human Resources Code;
	(C)  the Temporary Assistance for Needy Families
	(TANF) program;
	(D)  Supplemental Security Income (SSI) benefits
	under 42 U.S.C. Section 1381 et seq.;
	(E)  Social Security Disability Insurance (SSDI)
	benefits under 42 U.S.C. Section 401 et seq.; or
	(F)  housing assistance payments under any
	federal law described by Section 2306.6702(5)(A)(i), Government
	Code.
	(f)  A restrictive condition imposed under Article 17B.106
	that requires the payment of a fee or imposes a secured appearance
	bond may never be in an amount that exceeds two percent of the
	arrested individual's annual income.
	Art. 17B.108.  TEMPORARY PRETRIAL DETENTION. (a) At the
	conclusion of a release hearing, the court may issue an order to
	detain the arrested individual temporarily until a detention
	hearing, or may impose a financial condition of release in an amount
	greater than the individual is able to pay from personal financial
	resources not later than 24 hours after the condition is imposed,
	only if the individual is charged with a covered offense and the
	court determines by clear and convincing evidence that:
	(1)  it is likely that the individual will abscond,
	obstruct justice, violate a protective order, or cause significant
	harm to a reasonably identifiable individual and that no less
	restrictive condition is sufficient to address satisfactorily the
	relevant risk the court identifies under Article 17B.103; or
	(2)  the individual has violated a condition of an
	order of pretrial release for a pending criminal charge.
	(b)  If the court issues an order under Subsection (a) to
	detain the arrested individual temporarily or that imposes a
	financial condition of release in an amount greater than the
	individual is able to pay from personal financial resources not
	later than 24 hours after the condition is imposed, the court shall
	state its reasons in a record, including why no less restrictive
	condition or combination of conditions is sufficient.
	SUBCHAPTER D. DETENTION HEARING
	Art. 17B.151.  DUTY TO HOLD HEARING; TIMING. (a) If the court
	issues an order of temporary pretrial detention of an arrested
	individual under Article 17B.108, or pretrial release of an
	arrested individual under Article 17B.104 subject to a restrictive
	condition that results in continued detention of the individual,
	the court shall hold a hearing to consider continued detention of
	the individual pending trial. The hearing must be held not later
	than 48 hours after issuance of the order.
	(b)  The court on its own motion may continue a detention
	hearing for good cause for not more than 48 hours.
	(c)  The court shall continue a detention hearing on motion
	of the detained individual for not more than 48 hours.
	(d)  At the conclusion of a detention hearing, the court
	shall issue an order of pretrial release or detention.
	Art. 17B.152.  RIGHTS OF DETAINED INDIVIDUAL. (a) At a
	detention hearing, the detained individual has a right to counsel.
	If the individual is indigent, the court shall appoint counsel. The
	scope of representation under this article may be limited to the
	subject matter of the hearing.
	(b)  At a detention hearing, the detained individual has a
	right to:
	(1)  review evidence to be introduced by the attorney
	representing the state before it is introduced at the hearing;
	(2)  present evidence, call witnesses, and provide
	information;
	(3)  testify; and
	(4)  cross-examine witnesses.
	Art. 17B.153.  PRETRIAL DETENTION. (a) At a detention
	hearing, the court shall consider the criteria in Articles 17B.103,
	17B.104, 17B.105, 17B.106, and 17B.107 to determine whether to
	issue an order of pretrial detention or continue, amend, or
	eliminate a restrictive condition that has resulted in continued
	detention of the detained individual. If failure to satisfy a
	secured appearance bond or pay a fee is the only reason the
	individual continues to be detained, the fact of detention is prima
	facie evidence that the individual is unable to satisfy the bond or
	pay the fee.
	(b)  The court at a detention hearing may issue an order of
	pretrial detention or continue a restrictive condition of release
	that results in detention only if the detained individual is
	charged with a covered offense and the court determines by clear and
	convincing evidence that it is likely that the individual will
	abscond, obstruct justice, violate a protective order, or cause
	significant harm to a reasonably identifiable individual and no
	less restrictive condition is sufficient to address satisfactorily
	the relevant risk the court identifies under Article 17B.103.
	(c)  If under Subsection (b) the court issues an order of
	pretrial detention or continues a restrictive condition of release
	that results in detention, the court shall state its reasons in a
	record, including why no less restrictive condition or combination
	of conditions is sufficient.
	SUBCHAPTER E. MODIFYING OR VACATING ORDER
	Art. 17B.201.  MODIFYING OR VACATING BY AGREEMENT. By
	agreement of the attorney representing the state and an individual
	subject to an order under Subchapter C or D, the court may:
	(1)  modify an order of pretrial release;
	(2)  vacate an order of pretrial detention and issue an
	order of pretrial release; or
	(3)  issue an order of pretrial detention.
	Art. 17B.202.  MOTION TO MODIFY. On its own or on motion of a
	party, the court may modify an order of pretrial release or
	detention using the procedures and standards in Subchapters C and
	D. The court may consider new information relevant to the order,
	including information that the individual subject to the order has
	violated a condition of release or has demonstrated a history of
	compliance with the conditions of release.
	SECTION 2.  This Act applies to an arrest made, a citation
	issued, or a release or detention hearing held on or after the
	effective date of this Act, including a hearing to enforce, modify,
	or vacate a release or detention order issued before the effective
	date of this Act.
	SECTION 3.  This Act takes effect September 1, 2023.