88R7018 MCF-D     By: Moody H.B. No. 4517       A BILL TO BE ENTITLED   AN ACT   relating to the release of certain defendants on personal bond.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Articles 17.03(a) and (b-2), Code of Criminal   Procedure, are amended to read as follows:          (a)  Except as provided by Subsection (b), [or] (b-1), or   (b-2), a magistrate shall [may, in the magistrate's discretion,]   release a [the] defendant on personal bond without sureties or   other security unless the magistrate enters a finding on the record   that conditions of release are insufficient to reasonably ensure   the defendant's appearance in court as required and the safety of   the community, law enforcement, and the victim of the alleged   offense. This subsection does not apply to a defendant described by   Article 17.032(b).          (b-2)  Except as provided by Articles 15.21, 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 for which an element of the   offense involves offensive or provocative sexual contact with   another; or                (2)  while released on bail or community supervision   for an offense described by Subdivision (1) [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);                            (iii)  Section 22.07 (terroristic threat);   or                            (iv)  Section 42.01(a)(7) or (8) (disorderly   conduct involving firearm).          SECTION 2.  Articles 17.032(b) and (d), Code of Criminal   Procedure, are amended to read as follows:          (b)  Notwithstanding Article 17.03(b), or a bond schedule   adopted or a standing order entered by a judge, a magistrate shall   release a defendant on personal bond unless good cause is shown   otherwise if:                (1)  the defendant is not charged with and has not been   previously convicted of a violent offense or an offense for which an   element of the offense involves offensive or provocative sexual   contact with another;                (2)  the defendant is examined by the service provider   that contracts with the jail to provide mental health or   intellectual and developmental disability services, the local   mental health authority, the local intellectual and developmental   disability authority, or another qualified mental health or   intellectual and developmental disability expert under Article   16.22;                (3)  the applicable expert, in a written report   submitted to the magistrate under Article 16.22:                      (A)  concludes that the defendant has a mental   illness or is a person with an intellectual disability and is   nonetheless competent to stand trial; and                      (B)  recommends mental health treatment or   intellectual and developmental disability services for the   defendant, as applicable;                (4)  the magistrate determines, in consultation with   the local mental health authority or local intellectual and   developmental disability authority, that appropriate   community-based mental health or intellectual and developmental   disability services for the defendant are available in accordance   with Section 534.053 or 534.103, Health and Safety Code, or through   another mental health or intellectual and developmental disability   services provider; and                (5)  the magistrate finds, after considering all the   circumstances, a pretrial risk assessment, if applicable, and any   other credible information provided by the attorney representing   the state or the defendant, that release on personal bond would   reasonably ensure the defendant's appearance in court as required   and the safety of the community, law enforcement, and the victim of   the alleged offense.          (d)  In addition to a condition of release imposed under   Subsection (c), the magistrate may require the defendant to comply   with other conditions that are reasonably necessary to ensure the   defendant's appearance in court as required and the safety of the   community, law enforcement, and the victim of the alleged offense.          SECTION 3.  The changes in law made by this Act apply only to   a person who is arrested on or after the effective date of this Act.     A person arrested before the effective date of this Act is governed   by the law in effect on the date the person was arrested, and the   former law is continued in effect for that purpose.          SECTION 4.  This Act takes effect September 1, 2023.