Vote Smart's Synopsis:

Vote to concur with house amendments and pass a bill that amends cash bail laws for individuals accused of violent crimes.

Highlights:

• Specifies this law applies only to a defendant charged with an offense that is (Art. 17.023.a):

• Punishable as a felony; or

• A misdemeanor punishable by confinement.

• Establishes a written or oral statement obtained under this law or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense (Sec. 5.l).

• Prohibits a defendant from being released on personal bond if the defendant (Sec. 6.b-2):

• Is charged with an offense involving violence; or

• While released on bail or community supervision for an offense involving violence, is charged with committing:

• Any offense punishable as a felony; or

• An offense under the following provisions of the Penal Code:

• Assault;

• Deadly conduct;

• Terroristic threat; or

• Disorderly conduct involving a firearm.

• Prohibits a person from acting as a charitable bail organization to pay a defendant’s bail bond in a county unless the person (Sec. 9.c):

• Is a nonprofit organization exempt from federal income taxation; and

• Has been issued a certificate with respect to that county.

• Prohibits a charitable bail organization from paying a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this law (Sec. 9.g).

• Specifies the criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system, will be considered, including any acts of family violence other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail (Sec. 10-6).

• Requires the sheriff, peace officer, or jailer to obtain the defendant’s criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system before taking bail (Sec. 11.b).

• Specifies if the defendant is charged with or has previously been convicted of an offense involving violence, the sheriff, officer, or jailer may not set the amount of the defendant’s bail but may take the defendant’s bail in the amount set by the court (Sec. 12.c).

• Requires the magistrate or the magistrate’s designee to provide written notice to the defendant of (Sec. 13.e):

• The conditions of release on bond; and

• The penalties for violating a condition of release.

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that amends cash bail laws for individuals accused of violent crimes.

Highlights:

• Specifies this law applies only to a defendant charged with an offense that is (Art. 17.023.a):

• Punishable as a felony; or

• A misdemeanor punishable by confinement.

• Establishes a written or oral statement obtained under this law or evidence derived from the statement may be used only to determine whether the defendant is indigent, to impeach the direct testimony of the defendant, or to prosecute the defendant for an offense (Sec. 5.l).

• Prohibits a defendant from being released on personal bond if the defendant (Sec. 6.b-2):

• Is charged with an offense involving violence; or

• While released on bail or community supervision for an offense involving violence, is charged with committing:

• Any offense punishable as a felony; or

• An offense under the following provisions of the Penal Code:

• Assault;

• Deadly conduct;

• Terroristic threat; or

• Disorderly conduct involving a firearm.

• Prohibits a person from acting as a charitable bail organization to pay a defendant’s bail bond in a county unless the person (Sec. 9.c):

• Is a nonprofit organization exempt from federal income taxation; and

• Has been issued a certificate with respect to that county.

• Prohibits a charitable bail organization from paying a bail bond for a defendant at any time the organization is considered to be out of compliance with the reporting requirements of this law (Sec. 9.g).

• Specifies the criminal history record information for the defendant, including information obtained through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system, will be considered, including any acts of family violence other pending criminal charges, and any instances in which the defendant failed to appear in court following release on bail (Sec. 10-6).

• Requires the sheriff, peace officer, or jailer to obtain the defendant’s criminal history record information through the statewide telecommunications system maintained by the Department of Public Safety and through the public safety report system before taking bail (Sec. 11.b).

• Specifies if the defendant is charged with or has previously been convicted of an offense involving violence, the sheriff, officer, or jailer may not set the amount of the defendant’s bail but may take the defendant’s bail in the amount set by the court (Sec. 12.c).

• Requires the magistrate or the magistrate’s designee to provide written notice to the defendant of (Sec. 13.e):

• The conditions of release on bond; and

• The penalties for violating a condition of release.

Full Bill Text