89R9964 CJD-F     By: Kitzman H.B. No. 3123       A BILL TO BE ENTITLED   AN ACT   relating to the powers and duties of a personal bond or personal   bond and pretrial supervision office.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Article 17.42, Code of Criminal   Procedure, is amended to read as follows:          Art. 17.42.  PERSONAL BOND OR PERSONAL BOND AND PRETRIAL   SUPERVISION OFFICE.          SECTION 2.  Section 1, Article 17.42, Code of Criminal   Procedure, is amended to read as follows:          Sec. 1.  Any county, or any judicial district with   jurisdiction in more than one county, with the approval of the   commissioners court of each county in the district, may establish a   personal bond or personal bond and pretrial supervision office to   gather and review information about an accused that may have a   bearing on whether the accused [he] will comply with the conditions   of a personal bond and report its findings to the court before which   the case is pending.          SECTION 3.  Sections 4(a) and (b), Article 17.42, Code of   Criminal Procedure, are amended to read as follows:          (a)  Except as otherwise provided by this subsection, if a   court releases an accused on personal bond on the recommendation of   a personal bond or personal bond and pretrial supervision office,   the court shall assess a personal bond reimbursement fee of $20 or   three percent of the amount of the bail fixed for the accused,   whichever is greater.  The court may waive the fee or assess a   lesser fee if good cause is shown.  A court that requires a   defendant to give a personal bond under Article 45A.107 may not   assess a personal bond reimbursement fee under this subsection.          (b)  Reimbursement fees collected under this article may be   used solely to defray expenses of the personal bond or personal bond   and pretrial supervision office, including defraying the expenses   of extradition.          SECTION 4.  Sections 5(a) and (c), Article 17.42, Code of   Criminal Procedure, are amended to read as follows:          (a)  A personal bond or personal bond and pretrial   supervision [pretrial release] office established under this   article shall:                (1)  prepare a record containing information about any   accused person identified by case number only who, after review by   the office, is released by a court on personal bond before   sentencing in a pending case;                (2)  update the record on a monthly basis; and                (3)  file a copy of the record with the district or   county clerk, as applicable based on court jurisdiction over the   categories of offenses addressed in the records, in any county   served by the office.          (c)  This section does not apply to a personal bond or   personal bond and pretrial supervision [pretrial release] office   that on January 1, 1995, was operated by a community corrections and   supervision department.          SECTION 5.  Sections 6(a) and (c), Article 17.42, Code of   Criminal Procedure, are amended to read as follows:          (a)  Not later than April 1 of each year, a personal bond or   personal bond and pretrial supervision office established under   this article shall submit to the commissioners court or district   and county judges that established the office an annual report   containing information about the operations of the office during   the preceding year.          (c)  This section does not apply to a personal bond or   personal bond and pretrial supervision [pretrial release] office   that on January 1, 1995, was operated by a community corrections and   supervision department.          SECTION 6.  Article 17.42, Code of Criminal Procedure, is   amended by adding Sections 7 and 8 to read as follows:          Sec. 7.  (a)  The commissioners court of a county that   establishes a personal bond and pretrial supervision office or the   district and county judges of a judicial district that establishes   a personal bond and pretrial supervision office may direct the   office to provide the pretrial services a community supervision and   corrections department may provide under Section 76.011,   Government Code.          (b)  Except as otherwise provided by this subsection,   programs operated by the office under Subsection (a) may include   reasonable conditions and monitoring related to the purpose of the   programs, including testing for controlled substances and alcohol   use. If this subsection conflicts with a more specific provision of   another law, the other law prevails.          (c)  This section does not apply to a personal bond and   pretrial supervision office that on January 1, 1995, was operated   by a community corrections and supervision department.          Sec. 8.  (a)  The commissioners court of a county that   establishes a personal bond and pretrial supervision office or the   district and county judges of a judicial district that establishes   a personal bond and pretrial supervision office may, as part of the   court's or the judges' duties related to pretrial services, direct   the office to provide:                (1)  indigent legal services monitoring, including:                      (A)  assisting defendants in filing applications   for indigent legal services;                      (B)  reviewing applications and documentation to   assist the court in determining eligibility for indigent legal   services; and                      (C)  coordinating with appointed attorneys to   ensure sufficient legal services are provided;                (2)  pretrial rehabilitative services, including:                      (A)  determining what rehabilitative services are   available to a defendant;                      (B)  making recommendations to this state, to   defense counsel, and to the court on rehabilitative services; and                      (C)  monitoring the placement of defendants in   rehabilitative services;                (3)  coordination of mental health services,   including:                      (A)  recommending mental health testing;                      (B)  assisting defense counsel in meeting mental   health testing requirements;                      (C)  monitoring compliance with mental health   testing dates; and                      (D)  assisting magistrates with mental health   orders and testing; and                (4)  other services as are required to fulfill the   goals of pretrial bond supervision.          (b)  This section does not apply to a personal bond and   pretrial supervision office that on January 1, 1995, was operated   by a community corrections and supervision department.          SECTION 7.  Subchapter F, Chapter 411, Government Code, is   amended by adding Section 411.14105 to read as follows:          Sec. 411.14105.  ACCESS TO CRIMINAL HISTORY RECORD   INFORMATION: PERSONAL BOND OR PERSONAL BOND AND PRETRIAL   SUPERVISION OFFICE. (a)  In this section, "personal bond or   personal bond and pretrial supervision office" means an office   established under Article 17.42, Code of Criminal Procedure.          (b)  The director of a personal bond or personal bond and   pretrial supervision office, or an employee of the office   authorized by the director, is entitled to obtain from the   department criminal history record information maintained by the   department that relates to a person who is being considered for   personal bond or is receiving services from the office.          (c)  A person who obtains criminal history record   information under Subsection (b) may not release the information to   any person except to a judge or magistrate making a bond   determination, if the criminal history is relevant to that   determination.          (d)  Notwithstanding Subsection (c), a person who obtains   criminal history record information under Subsection (b) may   disclose to the subject of the information, the attorney   representing the state, or the subject's defense attorney:                (1)  the date and place of any arrest in the subject's   criminal history and the offense for which the subject was   arrested; and                (2)  the associated dispositions.          (e)  The department may not charge a fee for providing   criminal history record information under this section.          SECTION 8.  This Act takes effect September 1, 2025.