SB 21 by Joan Huffman

 

This is a summary of Senate Bill 21 filed by Joan Huffman.  lt has been designated a priority bill by the Lt. Governor.

Section 1 of the bill amends article 17.03 of the Texas Code of Criminal Proceduren to state that only the trial court with jurisdiction over the case can release a defendant on a PR bond for certain significant felony offenses.  The existing list set out in the current statute is amended to delete one offense.  The bill also adds a new list of offenses which are not eligible to be released on a PR bond. 

Section 2 of the bill amends article 17.15 of the Code of Criminal Procedure is amended to add a requirement that a judge or magistrate must review the defendant's criminal history before setting bail.

Section 3 of the bill allows judges, in their discretion, to use bail schedules.  The bill codifies the requirements of the O'Donnell case to ensure that there are procedures in place to protect the poor.  The bill also sets out a requirement of re-magistration if the defendant remains in jail 4 days after bail was initially set.

Section 4 of the bill sets out training requirements for justices of the peace regarding setting bail.

Section 5 of the bill requires that information about bail bonds be tracked and submitted to the Office of Court Administration.

Section 6 of the bill sets out procedures for regulating charitable bail funds.

Section 7 of the bill states that the training requirement of the bill only applies to justices of the peace elected after the effective date of the bill.  Existing judges must complete the two hours of instruction.  Additionally, the changes in the bill only apply to a defendant arrested after the effective date of the bill and the existing law is continued for defendants arrested before that date.

Section 8 states the effective date of the bill is September 1, 2021.

SB 21 was assigned to the Senate Jurisprudence Committee and has been heard by the committee.  It has been anticipated that a committee substitute will be considered by the committee.  This can be done at any time.  The committee normally meets on Thursdays.