89R5023 LHC-F     By: Smithee H.B. No. 75       A BILL TO BE ENTITLED   AN ACT   relating to the release of defendants on bail, the duties of a   magistrate in certain criminal proceedings, and the regulation of   charitable bail organizations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 15.17, Code of Criminal Procedure, is   amended by adding Subsection (h) to read as follows:          (h)  Not later than 24 hours after the time a magistrate   determines that no probable cause exists to believe that a person   committed the offense for which the person was arrested, the   magistrate shall make oral or written findings of fact and   conclusions of law on the record to support that finding.           SECTION 2.  The heading to Article 17.027, Code of Criminal   Procedure, is amended to read as follows:          Art. 17.027.  RELEASE ON BAIL OF DEFENDANT CHARGED WITH   FELONY OFFENSE [COMMITTED WHILE ON BAIL].          SECTION 3.  Article 17.027, Code of Criminal Procedure, is   amended by adding Subsection (a-1) to read as follows:          (a-1)  A criminal law hearing officer appointed under   Chapter 54, Government Code, may not release on bail a defendant   who:                (1)  is charged with committing an offense punishable   as a felony if the defendant:                      (A)  was on parole at the time of the offense;                      (B)  has previously been finally convicted of two   or more offenses punishable as a felony and for which the defendant   was imprisoned in the Texas Department of Criminal Justice; or                      (C)  is subject to an immigration detainer issued   by United States Immigration and Customs Enforcement; or                (2)  is charged with committing an offense under the   following provisions of the Penal Code:                      (A)  Section 19.02 (murder);                      (B)  Section 19.03 (capital murder);                      (C)  Section 20.04 (aggravated kidnapping);                      (D)  Section 22.02 (aggravated assault); or                      (E)  Section 22.021 (aggravated sexual assault).          SECTION 4.  Article 17.03(b-2), Code of Criminal Procedure,   is amended to read as follows:          (b-2)  Except as provided by Articles 15.21, 17.032, 17.033,   and 17.151, a defendant may not be released on personal bond if the   defendant:                (1)  is charged with:                      (A)  an offense involving violence; or                      (B)  an offense under:                            (i)  Section 19.02(b)(4), Penal Code (murder   as a result of manufacture or delivery of a controlled substance in   Penalty Group 1-B);                            (ii)  Section 22.07, Penal Code (terroristic   threat);                            (iii)  Section 25.07, Penal Code (violation   of certain court orders or conditions of bond in a family violence,   child abuse or neglect, sexual assault or abuse, indecent assault,   stalking, or trafficking case); or                            (iv)  Section 46.04(a), Penal Code (unlawful   possession of firearm); or                 (2)  while released on bail or community supervision   for an offense involving violence, is charged with committing:                      (A)  any offense punishable as a felony; or                      (B)  an offense under the following provisions of   the Penal Code:                            (i)  Section 22.01(a)(1) (assault);                            (ii)  Section 22.05 (deadly conduct); or                            (iii)  [Section 22.07 (terroristic threat);   or                            [(iv)]  Section 42.01(a)(7) or (8)   (disorderly conduct involving firearm).          SECTION 5.  Articles 17.071(a), (f), (h), and (k), Code of   Criminal Procedure, are amended to read as follows:          (a)  In this article:                (1)  "Charitable [, "charitable] bail organization"   means a person who accepts and uses donations from the public to   deposit money with a court in the amount of a defendant's bail bond.   The term does not include:                      (A) [(1)]  a person accepting donations with   respect to a defendant who is a member of the person's family, as   determined under Section 71.003, Family Code; or                      (B) [(2)]  a nonprofit corporation organized for   a religious purpose.                (2)  "Office" means the Office of Court Administration   of the Texas Judicial System.          (f)  Not later than the 10th day of each month, a charitable   bail organization shall submit to the office [, to the sheriff of   each county in which the organization files an affidavit under   Subsection (e),] a report that includes the following information   for each defendant for whom the organization paid a bail bond in the   preceding calendar month:                (1)  the name of the defendant;                (2)  the cause number of the case;                (3)  each charge for which the bond was paid;                (4)  the amount of the bond paid;                (5)  the county in which the applicable charge is   pending, if different from the county in which the bond was paid;                (6)  [and                [(4)]  any dates on which the defendant has failed to   appear in court as required for the charge for which the bond was   paid; and                (7)  whether a bond forfeiture has occurred in   connection with the charge for which the bond was paid.          (h)  If the office has reason to believe that a charitable   bail organization may have paid one or more bonds in violation of   this article, the office shall report that information to the   sheriff of the county in which the suspected violation occurred.   The sheriff of that [a] county may suspend a charitable bail   organization from paying bail bonds in the county for a period not   to exceed one year if the sheriff determines the organization has   paid one or more bonds in violation of this article and the   organization has received a warning from the sheriff in the   preceding 12-month period for another payment of bond made in   violation of this article.  The sheriff shall report the suspension   to the office [Office of Court Administration of the Texas Judicial   System].          (k)  Not later than December 1 of each year, the office    [Office of Court Administration of the Texas Judicial System] shall   prepare and submit, to the governor, lieutenant governor, speaker   of the house of representatives, and presiding officers of the   standing committees of each house of the legislature with primary   jurisdiction over the judiciary, a report regarding the information   submitted to the office under Subsections (f) [(f-1)] and (h) for   the preceding state fiscal year.          SECTION 6.  Chapter 17, Code of Criminal Procedure, is   amended by adding Article 17.092 to read as follows:          Art. 17.092.  MODIFICATION OF BOND. A magistrate described   by Articles 2A.151(5)-(14) may not modify the amount or conditions   of bond set by the judge of a district court, including the judge of   a district court in another county.           SECTION 7.  Article 17.21, Code of Criminal Procedure, is   amended to read as follows:          Art. 17.21.  BAIL IN FELONY.  (a)  In cases of felony, when   the accused is in custody of the sheriff or other officer, and the   court before which the prosecution is pending is in session in the   county where the accused is in custody, the court shall fix the   amount of bail, if it is a bailable case and determine if the   accused is eligible for a personal bond; and the sheriff or other   peace officer, unless it be the police of a city, or a jailer   licensed under Chapter 1701, Occupations Code, is authorized to   take a bail bond of the accused in the amount as fixed by the court,   to be approved by such officer taking the same, and will thereupon   discharge the accused from custody.  The defendant and the   defendant's sureties are not required to appear in court.          (b)  Notwithstanding Subsection (a), a magistrate may not   release on bail a defendant charged with an offense punishable as a   felony unless:                (1)  the defendant has appeared before the magistrate;   and                (2)  the magistrate has considered the public safety   report prepared under Article 17.022 for the defendant.          SECTION 8.  Articles 44.01(a) and (g), Code of Criminal   Procedure, are amended to read as follows:          (a)  The state is entitled to appeal an order of a court in a   criminal case if the order:                (1)  dismisses an indictment, information, or   complaint or any portion of an indictment, information, or   complaint;                (2)  arrests or modifies a judgment;                (3)  grants a new trial;                (4)  sustains a claim of former jeopardy;                (5)  grants a motion to suppress evidence, a   confession, or an admission, if jeopardy has not attached in the   case and if the prosecuting attorney certifies to the trial court   that the appeal is not taken for the purpose of delay and that the   evidence, confession, or admission is of substantial importance in   the case; [or]                (6)  is issued under Chapter 64; or                (7)  grants bail, in an amount considered insufficient   by the prosecuting attorney, to a defendant who:                      (A)  is charged with an offense punishable as a   felony; and                      (B)  has previously been granted bail for a   pending offense punishable as a felony.          (g)  If the state appeals pursuant to this article and the   defendant is on bail, the defendant [he] shall be permitted to   remain at large on the existing bail.  If the defendant is in   custody, the defendant [he] is entitled to reasonable bail, as   provided by law, unless the appeal is from an order which would:                (1)  terminate the prosecution, in which event the   defendant is entitled to release on personal bond; or                (2)  grant bail in an amount considered insufficient by   the prosecuting attorney, in which event the defendant shall be   held in custody during the pendency of the appeal.          SECTION 9.  Article 17.071(f-1), Code of Criminal Procedure,   is repealed.          SECTION 10.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.     An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose.  For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 11.  This Act takes effect September 1, 2025.