85R4848 MAW-D     By: Wu H.B. No. 686       A BILL TO BE ENTITLED   AN ACT   relating to bail release decisions in criminal cases and the   payment of certain costs by a defendant released on bail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 17.03, Code of Criminal Procedure, is   amended by adding Subsection (e-1) to read as follows:          (e-1)  A magistrate may not require a defendant who is   indigent to pay the cost of testing for alcohol or controlled   substances required under this article.          SECTION 2.  Chapter 17, Code of Criminal Procedure, is   amended by adding Article 17.145 to read as follows:          Art. 17.145.  BAIL RELEASE POLICY. (a) The district judges   with criminal jurisdiction in each judicial district shall adopt a   policy establishing recommended bail release decisions for any   misdemeanor or felony offense pending in that district. A policy   must:                (1)  be evidence-based;                (2)  make a recommendation regarding a defendant's   release on bail for each offense according to the following   categories:                      (A)  release on a personal bond without   conditions;                      (B)  release on a personal bond with conditions;                      (C)  release on a bail bond without conditions;                       (D)  release on a bail bond with conditions; or                      (E)  denial of release on bail; and                (3)  include recommended bail amounts, as applicable.          (b)  A court, judge, magistrate, or officer may not use a   bail schedule in setting bail unless the schedule is part of a   policy adopted under this article.           SECTION 3.  Article 17.43, Code of Criminal Procedure, is   amended by adding Subsection (c) to read as follows:          (c)  A magistrate may not require a defendant who is indigent   to pay the cost of electronic monitoring required under this   article.          SECTION 4.  Article 17.44, Code of Criminal Procedure, is   amended by adding Subsection (f) to read as follows:          (f)  A magistrate may not require a defendant who is indigent   to pay the cost of electronic monitoring or testing for controlled   substances required under this article.          SECTION 5.  Article 17.441, Code of Criminal Procedure, is   amended by adding Subsection (e) to read as follows:          (e)  A magistrate may not require a defendant who is indigent   to pay the cost of installing or monitoring a device required under   this article.          SECTION 6.  Article 17.49(h), Code of Criminal Procedure, is   amended to read as follows:          (h)  If the magistrate determines that a defendant is   indigent, the magistrate may not [, based on a sliding scale   established by local rule,] require the defendant to pay the costs   under Subsection (b)(2) or (3) [in an amount that is less than the   full amount of the costs associated with operating the global   positioning monitoring system in relation to the defendant or   providing the victim with an electronic receptor device].          SECTION 7.  Subchapter B, Chapter 22, Government Code, is   amended by adding Section 22.113 to read as follows:          Sec. 22.113.  DUTIES REGARDING BAIL RELEASE. (a) The court   of criminal appeals shall require each judicial district to collect   and report information to the court regarding the pretrial release   of defendants in the district. The court of criminal appeals shall   specify the information to be collected and the frequency of   reporting.           (b)  The court of criminal appeals may adopt rules as   necessary to implement this section and Article 17.145, Code of   Criminal Procedure.          SECTION 8.  Article 17.49(i), Code of Criminal Procedure, is   repealed.          SECTION 9.  Not later than January 1, 2020, each judicial   district shall:                (1)  adopt the policy required by Article 17.145, Code   of Criminal Procedure, as added by this Act; and                (2)  submit a report to the court of criminal appeals   that includes:                      (A)  the policy adopted by the district; and                      (B)  a description of the factors considered by   the district in adopting the policy.          SECTION 10.  This Act takes effect September 1, 2017.