Putting Together The Puzzle of When the Different Parts of SB6 Go Into Effect!

 



Senate Bill 6 has three different dates regarding when different sections go into effect.  These dates are December 2, 2021, January 1, 2022 and April 1, 2021 (unless completed sooner).  What goes into effect at each date is set out in more detail below.

A.    Generally the bill applies (unless stated otherwise) only to a person who is arrested on or after the effective date of this act (January 1, 2022).  A person arrested before the effective date is governed by the former law which is continued in effect for that purpose.  With the exceptions regarding the new limits on the use of PR bonds that go into effect on December 2, 2021.

B.    The following articles and sections go into effect on the 91st day (December 2, 2021) after the last day of the legislative session.

    1.    Limitation on use of PR bonds.  New list of crimes not eligible for PR bond. 

    2.    Section 19 of SB 6: amending section 117.055 of Local Government Code regarding when a fee may be deducted from a cash bond when returning funds after a case is discharged. 

    3.    Section 20 of SB 6:  Repeal of article 17.03 (f) of the Tex. Code of Crim. Procedure (definition of controlled substance). 

    4.    Articles that go into effect so that the Office of Court Administration can begin developing programs that have to be completed by April 1, 2022:

            i.    Article 17.021- Public Safety Report System

            ii.    Article 17.024- Training on Duties for Setting Bail

            iii.    Section 4 of SB 6- changes to article 17.02 regarding definition of bail bond

            iv.    Section 17 of SB 6- New section 72.038 regarding bail form that has to be
                    signed by judge after setting bail

C.    The General Effective Date of the Act is January 1, 2022.   

D.    The following portions of SB 6 go into effect as soon as practicable but no later than April 1, 2022:

    1.    The launch of the use of the Public Safety Report System 

    2.    The use of OCA created forms required by 17.028 (g) (affidavit for person claiming poverty) and
           17.51 (g) (form for notifying defendant of conditions placed on bond)

    3.    OCA training classes and certification process for judges

    4.    If OCA does not complete these programs by April 1, it must notify each court clerk, judge or other magistrate and any office of an attorney representing the state

E.    Expansion of Preventative Detetion did not pass:

The expansion of preventative detention portion of SB 6 states that it does not go into effect unless the constitutional amendment passes the legislature and is approved by the voters and only then it would go into effect June 1, 2022 (this part failed in the House in the 2nd Special Session).  The Governor added the constitutional amendment to the agenda for the 3rd Special Session.  It is pending in the Texas House where it failed in the 2nd Special Session.

 

 


    The Professional Bondsmen of Texas

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