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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on bail of certain defendants accused of |
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committing a felony offense and the criminal consequences of |
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committing a felony while released on bail for a prior felony; |
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creating a criminal offense; increasing the minimum term of |
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imprisonment for certain felonies; changing eligibility for |
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deferred adjudication community supervision, mandatory |
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supervision, and parole. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. MINIMUM BAIL FOR CERTAIN FELONY OFFENDERS |
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SECTION 1.01. Article 17.028(m), Code of Criminal |
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Procedure, is amended to read as follows: |
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(m) Notwithstanding Subsection (a), a magistrate may make a |
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bail decision regarding a defendant who is charged only with a |
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misdemeanor punishable by fine only or a defendant who receives a |
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citation under Article 14.06(c) without considering the factor |
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required by Article 17.15(a)(7) [17.15(a)(6)]. |
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SECTION 1.02. Article 17.03(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as otherwise provided by this article |
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[Subsection (b) or (b-1)], a magistrate may, in the magistrate's |
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discretion, release the defendant on personal bond without sureties |
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or other security. |
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SECTION 1.03. Article 17.15(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) The amount of bail and any conditions of bail to be |
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required in any case in which the defendant has been arrested are to |
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be regulated by the court, judge, magistrate, or officer taking the |
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bail in accordance with Articles 17.20, 17.21, and 17.22 and are |
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governed by the Constitution and the following rules: |
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1. Bail and any conditions of bail shall be sufficient |
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to give reasonable assurance that the undertaking will be complied |
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with. |
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2. The power to require bail is not to be used to make |
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bail an instrument of oppression. |
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3. The nature of the offense and the circumstances |
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under which the offense was committed are to be considered, |
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including whether the offense: |
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(A) is an offense involving violence, as defined |
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by Article 17.03; or |
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(B) involves violence directed against a peace |
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officer. |
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4. The minimum amount of bail for an offense involving |
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violence, as defined by Article 17.03, that is punishable as a |
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felony of the second degree or any higher category of offense is: |
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(A) $5 million if the offense is a capital |
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offense; |
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(B) $3 million if the offense is a felony of the |
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first degree; and |
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(C) $2 million if the offense is a felony of the |
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second degree. |
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5. The ability to make bail shall be considered, and |
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proof may be taken on this point. |
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6 [5]. The future safety of a victim of the alleged |
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offense, law enforcement, and the community shall be considered. |
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7 [6]. The criminal history record information for the |
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defendant, including information obtained through the statewide |
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telecommunications system maintained by the Department of Public |
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Safety and through the public safety report system developed under |
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Article 17.021, shall be considered, including any acts of family |
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violence, other pending criminal charges, and any instances in |
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which the defendant failed to appear in court following release on |
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bail. |
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8 [7]. The citizenship status of the defendant shall |
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be considered. |
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SECTION 1.04. Article 17.20(c), Code of Criminal Procedure, |
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is amended to read as follows: |
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(c) Notwithstanding Subsection (b), a sheriff, peace |
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officer, or jailer may make a bail decision regarding a defendant |
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who is charged only with a misdemeanor punishable by fine only or a |
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defendant who receives a citation under Article 14.06(c) without |
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considering the factor required by Article 17.15(a)(7) |
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[17.15(a)(6)]. |
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SECTION 1.05. Chapter 17, Code of Criminal Procedure, as |
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| Statutes affected:
Introduced: Government Code 81.078, Government Code 508.145, Government Code 508.147 (Government Code 81, Government Code 508)