Bill Text: TX SB2241 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the judges authorized to release on bail a defendant charged with certain offenses, and the considerations for setting the amount of bail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Criminal Justice [SB2241 Detail]
Download: Texas-2019-SB2241-Introduced.html
By: Whitmire | S.B. No. 2241 | |
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relating to the judges authorized to release on bail a defendant | ||
charged with certain offenses, and the considerations for setting | ||
the amount of bail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the "Damon Allen Act." | ||
SECTION 2. Chapter 17, Code of Criminal Procedure, is | ||
amended by adding Article 17.027 to read as follows: | ||
Art. 17.027. AUTHORITY TO RELEASE ON BAIL IN CERTAIN CASES. | ||
Notwithstanding any other law and except as provided by Article | ||
17.03(b), only a district court judge, or an associate judge | ||
appointed by a district court judge under Chapter 54A, Government | ||
Code, may release on bail a defendant charged with an offense: | ||
(1) punishable as a felony; or | ||
(2) under Chapter 21 or 22, Penal Code, that is | ||
punishable as a Class B misdemeanor or any higher category of | ||
offense. | ||
SECTION 3. Article 17.15, Code of Criminal Procedure, is | ||
amended to read as follows: | ||
Art. 17.15. RULES FOR SETTING [ |
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amount of bail to be required in any case is to be regulated by the | ||
court, judge, magistrate, or officer taking the bail and is[ |
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Constitution and [ |
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(1) [ |
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reasonable assurance that the undertaking will be complied with. | ||
(2) [ |
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used as to make it an instrument of oppression. | ||
(3) [ |
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circumstances under which the offense [ |
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defendant's criminal history shall [ |
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(4) [ |
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considered [ |
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(5) [ |
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offense, peace officers, and the community shall be considered. | ||
(6) A pretrial risk assessment of the defendant shall | ||
be conducted using a standardized risk assessment tool developed by | ||
the Bail Advisory Program established under Section 772.0064, | ||
Government Code, and the results shall be considered. | ||
(7) Any other relevant facts or circumstances may be | ||
considered. | ||
SECTION 4. Chapter 772, Government Code, is amended by | ||
adding Section 772.0064 to read as follows: | ||
Sec. 772.0064. BAIL ADVISORY PROGRAM. (a) The governor | ||
shall establish the Bail Advisory Program within the criminal | ||
justice division established under Section 772.006. | ||
(b) The governor shall appoint a director for the program to | ||
serve at the pleasure of the governor. | ||
(c) The program shall, in coordination with the Office of | ||
Court Administration: | ||
(1) develop a standardized pretrial risk assessment | ||
tool pursuant to Article 17.15(6), Code of Criminal Procedure; | ||
(2) make recommendations to the criminal justice | ||
division regarding best practices for pretrial release and personal | ||
bond offices as authorized by Article 17.42, Code of Criminal | ||
Procedure, to be submitted to the legislature as part of the | ||
criminal justice division's biennial report required under Section | ||
772.006(a)(9); | ||
(3) collect and analyze research and information in | ||
all areas related to pretrial release practices, and distribute the | ||
research, information, and analyses as a resource to courts, | ||
personal bond offices, and other relevant organizations; and | ||
(4) collect information relating to those released on | ||
bail, including the rate of failure to appear, commission of new | ||
offenses, and other relevant information. | ||
SECTION 5. The change in law made by this Act applies only | ||
to a person who is arrested on or after the effective date of this | ||
Act. A person arrested before the effective date of this Act is | ||
governed by the law in effect on the date the person was arrested, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 6. This Act takes effect September 1, 2019. |