Texas HB 12: Relating to rules for setting the amount of bail, to the release of certain defendants on a monetary bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.

Bill Text

By:AASmith H.B.ANo.A12
A BILL TO BE ENTITLED
AN ACT
relating to rules for setting the amount of bail, to the release of
certain defendants on a monetary bond or personal bond, to related
duties of certain officers taking bail bonds and of a magistrate in
a criminal case, to charitable bail organizations, and to the
reporting of information pertaining to bail bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAThis Act may be cited as the Damon Allen Act.
SECTIONA2.AAArticle 1.07, Code of Criminal Procedure, is
amended to read as follows:
Art.A1.07.AARIGHT TO BAIL. Any person [All prisoners] shall
be eligible for bail [bailable] unless denial of bail is expressly
permitted by the Texas Constitution or by other law [for capital
offenses when the proof is evident]. This provision may [shall] not
be [so] construed [as] to prevent bail after indictment found upon
examination of the evidence, in such manner as may be prescribed by
law.
SECTIONA3.AAArticle 15.17(a), Code of Criminal Procedure, is
amended to read as follows:
(a)AAIn each case enumerated in this Code, the person making
the arrest or the person having custody of the person arrested shall
without unnecessary delay, but not later than 48 hours after the
person is arrested, take the person arrested or have him taken
before some magistrate of the county where the accused was arrested
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87S20379 LHC-D 1

or, to provide more expeditiously to the person arrested the
warnings described by this article, before a magistrate in any
other county of this state. The arrested person may be taken before
the magistrate in person or the image of the arrested person may be
presented to the magistrate by means of a videoconference. The
magistrate shall inform in clear language the person arrested,
either in person or through a videoconference, of the accusation
against him and of any affidavit filed therewith, of his right to
retain counsel, of his right to remain silent, of his right to have
an attorney present during any interview with peace officers or
attorneys representing the state, of his right to terminate the
interview at any time, and of his right to have an examining trial.
The magistrate shall also inform the person arrested of the
person’s right to request the appointment of counsel if the person
cannot afford counsel. The magistrate shall inform the person
arrested of the procedures for requesting appointment of counsel.
If applicable, the magistrate shall inform the person that the
person may file the affidavit described by Article 17.028(f). If
the person does not speak and understand the English language or is
deaf, the magistrate shall inform the person in a manner consistent
with Articles 38.30 and 38.31, as appropriate. The magistrate shall
ensure that reasonable assistance in completing the necessary forms
for requesting appointment of counsel is provided to the person at
the same time. If the person arrested is indigent and requests
appointment of counsel and if the magistrate is authorized under
Article 26.04 to appoint counsel for indigent defendants in the
county, the magistrate shall appoint counsel in accordance with
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H.B.ANo.A12
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Article 1.051. If the magistrate is not authorized to appoint
counsel, the magistrate shall without unnecessary delay, but not
later than 24 hours after the person arrested requests appointment
of counsel, transmit, or cause to be transmitted to the court or to
the courts’ designee authorized under Article 26.04 to appoint
counsel in the county, the forms requesting the appointment of
counsel. The magistrate shall also inform the person arrested that
he is not required to make a statement and that any statement made
by him may be used against him. The magistrate shall allow the
person arrested reasonable time and opportunity to consult counsel
and shall, after determining whether the person is currently on
bail for a separate criminal offense and whether the bail decision
is subject to Article 17.027, admit the person arrested to bail if
allowed by law. A record of the communication between the arrested
person and the magistrate shall be made. The record shall be
preserved until the earlier of the following dates: (1) the date on
which the pretrial hearing ends; or (2) the 91st day after the date
on which the record is made if the person is charged with a
misdemeanor or the 120th day after the date on which the record is
made if the person is charged with a felony. For purposes of this
subsection, "videoconference" means a two-way electronic
communication of image and sound between the arrested person and
the magistrate and includes secure Internet videoconferencing.
SECTIONA4.AAArticle 17.02, Code of Criminal Procedure, is
amended to read as follows:
Art.A17.02.AADEFINITION OF "BAIL BOND". A "bail bond" is a
written undertaking entered into by the defendant and