SB 9- 2025 Major Bail Reform Bill Passed by the Texas Legislature

 



SB 9-  

This is the clean up bill for SB 6 that was passed 2 session ago.  This is a large bill and we will summarize the bill by sections.

Section 1-  

This section creates article 16.24 of the Code of Criminal Procedure.  The section requires that once the defendant enters a pretrial intervention program, the attorney representing the state or the attorney's designee who is responsible for monitoring the defendant's compliance SHALL enter the conditions in the appropriate statewide law enforcement information system maintained by DPS or modify or remove the information.  

This section goes into effect January 1, 2026.

Section 2-  

Amends 17.021 of the Code of Criminal Procedure regarding the public safety report.  The new portions of the report require it to state:

(F)  whether the defendant is currently on community supervision, parole, or mandatory supervision for an offense;

(G)  whether the defendant is currently released on bail or participating in a pretrial intervention program and any conditions of that release or participation; 

H)  outstanding warrants for the defendant's arrest that have been entered into the National Crime Information Center database or the Texas Crime Information System  established under Section 411.0541, Government Code, including a warrant issued under Article 42A.751 of this code or Section 508.251, Government Code; and

(I)  any current protective orders, as defined by Section 72.151, Government Code, for which the defendant is the subject;

These required changes go into effect on April 1, 2026. 

Other changes that to the Public Saftey Report System that go into effect January 1, 2026:

Section (c-1) requires providing access to the public safety report system on the request of an attorney representing the state for the purpose of allowing the attorney to access a bail form submitted.

Subsection (h) requires that the public safety report system to be configured to allow a county or municipality to integrate the jail records management system and case management systems used by the county with the public safety report system.

Subsection (h-1) states that the office of Court Administration may provide grants to reimburse counties and municipalities for costs related to integrating the systems.  OCA is not required to provide a grant unless OCA is appropriated money for this purpose.

Section 3- 

Amends 17.022 of the Code of Criminal Procedure to allow a magistrate to consider a public safety report even if the defendant is not in custody.  This section in probably intended to address the situation when a bond is set with the issuance of a warrant.   This may resolve the situation regarding whether a bond amount tied to a warrant is discretionary or mandatory.

This section went into effect September 1, 2025.

Section 4- 

Amends article 17.027 of the Code of Criminal Procedure by changing its title to "RELEASE ON BAIL OF DEFENDANT CHARGED WITH FELONY OFFENSE."

Section 5- 

Amends article 17.027 of the Texas Code of Criminal Procedure.  This article was first created as a part of SB6 and dealt with the situation where a defendant was on bond for one charge and was arrested for a new charge.  This section makes changes to the procedures originally set out in SB 6.  

When a defendant is currently on bond for a felony and is arrested on a new charge that is also a felony, this article sets out the rules for who can magistrate the defendant on the new case.  The article sets out two situations.  The first is when both charges arise from the same county.  In that situation, only the judge over the first case (with jurisdiction to try the case) can magistrate the defendant on the new charge. 

Section 5 adds section (a-1) and it requires that the judge over the first case SHALL consider whether to revoke or modify the terms of the previous bond or to otherwise re-evaluage the previous bail decision.  This section goes into effect April 1, 2026. 

The second situation is when the two charges arise from two different counties.  In this situation, the second county is required to send notice to the first county regarding the new charge.

One of the major changes is that the notices are to be sent electronically.  Subsection (c) requires the local administrative district judge for each county to designate an individual to receive electronic notices.  These individuals names and contacts must be included in the public safety report system.  Subsection (d) requires that the person receiving the notice shall promptly provide the notice to the applicable court, the district clerk, the attorney representing the State and the defendant's attorney, if known.

These sections go into effect on April 1, 2026.  

The biggest change is probably (a-2) which states that a magistrate appointed under Chapter 54 of the Texas Government Code, may not release on bail a defendant who:

(1)  is charged with committing an offense punishable as a felony if the defendant:

(A)  was released on bail, parole, or  community supervision for an offense punishable as a felony at the time of the instant offense; 

(B)  has previously been finally convicted of two or  more offenses punishable as a felony and for which the defendant was imprisoned in the Texas Department of Criminal Justice; or 

(C)  is subject to an immigration detainer issued by United States Immigration and Customs Enforcement; or

(2)  is charged with committing an offense under  the following provisions of the Penal Code:

(A)  Section 19.02 (murder);

(B)  Section 19.03 (capital murder);

(C)  Section 20.04 (aggravated kidnapping); or

(D)  Section 22.021 (aggravated sexual assault).

This section went into effect on September 1, 2025.  The counties which use Chapter 54 magistrates are the following:  Dallas, Tarrant, El Paso, Harris, Lubbock, Bexar, Webb, Constitutional County Courts with a population of 2.1 million or more (Sec. 54.1171), Comal, Cameron, Burnet, Magistrates for drug court programs (Sec. 54.1801), Brazoria, Constitutional County Court with population of more than 820,000 and a contiguos county with a population of 4 million), Guadalupe, Collin, Kerr, Fort Bend, Brazoria County Criminal Law Magistrate Court (Sec. 54.2501), Tom Green, Grayson, and Denton.

Additionally, in the cases when a Chapter 54 magistrate is authorized to set bail, the section was amended to require that any order signed by a Chapter 54 magistrate setting bail must include the names of each individual who appointed the magistrate and state that the magistrate was appointed by those individuals.

This section went into effect on September 1, 2026.

 Section 6-

Section 6 amends article 17.029 of the Texas Code of Criminal Procedure to allow an appeal of a bail decision in certain situations.  The changes only applies to:  (1) defendants charged with or arrested for an offense punishable as a felony; and (2) the bail was set by a magistrate of a court that does not have jurisdiction to try the offense for which the defendant was charged.

If the case is subject to this article, then any district court judge in any county in which the offense for which the person was arrested and will be tried has jurisdiction to modify a bail decision to which this article applies, regardless of whether the defendant has been previously indicted or an information has been previously filed for the offense.  

The local administrative judge will set up procedures for the district clerk to nofiy each district judge in the county that the clerk has received a request to review a bail decision.  The bail decision must be reviewed by the next business day after a request to reveiw has been filed with the district clerk.  The judge reviewing the bail decision must comply with article 17.09 and shall consider the elements set out in 17.15 of the Texas Code of Criminal Procedure for setting bail.  If the judge increases the bond amount or requires additional conditions and the defendant has been released, the judge shall issue a summons for the defendant to appear before the judge and will give the defendant a reasonable opportunity to appear before a warrant is issued for the defendant's arrest.

This section went into effect September 1, 2025.

Section 7-  

Amends article 17.03 of the Texas Code of Criminal Procedure to add new restrictions to the offenses that are not eligible for  a personal bond.

These new offenses are:

(B)  an offense under:

(i)  Section 19.02(b)(4), Penal Code (murder as a result of manufacture or delivery of a controlled substance in   Penalty Group 1-B); 

(ii)  Section 22.07, Penal Code (terroristic threat), if the offense is punishable as a Class A misdemeanor or any higher category of offense; 

(iii)  Section 25.07, Penal Code (violation of certain  court orders or conditions of bond in a family violence, child abuse or neglect, sexual assault or  abuse, indecent assault, stalking, or trafficking case); or

(iv)  Section 46.04(a), Penal Code (unlawful possession of firearm). 

There are other minor changes as well.

We have updated our one to two page summary of  the offenses in which the court may not grant a personal bond.  It can be found by CLICKING HERE.

This section went into effect on September 1, 2025.

Section 8-  

This section amended 17.071 of the Texas Code of Criminal Procedure regarding the rules applicable to Charitable Bail Funds and the posting of cash bonds on behalf of defendants.  The changes are minor.  There were no changes to the number or amount of cash bonds that may be posted.  The changes require the monthly reports filed be submitted to the Office of Court Administration instead of the County Sheriff's office.  Further, the amendments make changes by adding items that must be included in the report.  

This section went into effect on September 1, 2025.

Section 9-  

This section amends article 17.09 of the Code of Criminal Procedure to make it clear that a Judge may declare a bond insufficient even if defendant had been released because of delay.

This section went into effect on September 1, 2025.

Section 10- 

This section creates article 17.092 of the Code of Criminal Procedure.  This article states that a magistrate judge under article 2A.151 (5)-(14) may not reduce the amount or conditions of bond set by the judge of a district court.  They can raise the bond and add conditions but they may not reduce the bond or conditions.  These judges include:

(5) an associate judge appointed by: 

(A) a judge of a district court or a statutory county court that gives preference to criminal cases in Jefferson County; 

(B) a judge of a district court or a statutory county court of Brazos County, Nueces County, or Williamson County; or 

(C) a judge of a district court under Chapter 54A, Government Code;

(6) a criminal magistrate appointed by: 

(A) the Brazoria County Commissioners Court; or  

(B) the Burnet County Commissioners Court;

(7) a criminal law hearing officer for:

 (A) Harris County appointed under Subchapter L, Chapter 54, Government Code; or 

(B) Cameron County appointed under Subchapter BB, Chapter 54, Government Code; 

(8) a magistrate appointed: 

(A) by a judge of a district court of Bexar County, Dallas County, or Tarrant County that gives preference to criminal cases; 

(B) by a judge of a criminal district court of Dallas County or Tarrant County; 

(C) by a judge of a district court or statutory county court that gives preference to criminal cases in Travis County;

(D) by the El Paso Council of Judges; 

(E) by the Fort Bend County Commissioners Court; 

(F) by the Collin County Commissioners Court; or 

(G) under Subchapter JJ, Chapter 54, Government Code;

(9) a magistrate or associate judge appointed by a judge of a district court of Lubbock County, Nolan County, or Webb County; 

(10) a county judge; 

(11) a judge of:

(A) a statutory county court; 

(B) a county criminal court; or  

(C) a statutory probate court;

(12) an associate judge appointed by a judge of a statutory probate court under Chapter 54A, Government Code; 

(13) a justice of the peace; and 

(14) a mayor or recorder of a municipality or a judge of a municipal court.

This section went into effect on September 1, 2025. 

Section 11- 

This section amends article 17.21 of the Code of Criminal Procedure to require a defendant charged with a felony must appear before a magistrate before the defendant can be released. 

This section went into effect on September 1, 2025.

Section 12-  

This section creates article 27.20 of the Texas Code of Criminal Procedure.  This section requires confinement of defendant until the defendant is sentenced after entering guilty plea for certain offenses.  The defendant cannot be released to come back for sentencing.  The offenses to which this section applies include an offense listed in Article 42A.054(a) punishable as a felony of the second degree or any higher category of offense and for which the defendant is not eligible for community supervision under Article 42A.055 as provided by Article 42A.056.  

This section went into effect on September 1, 2025.

Section 13- 

Article 42 of the Code of Criminal Procedure is amended to require a final judgment in a criminal case to reflect certain required affirmative findings set out in the next section.

Section 14-  

Creates article 42.0195 of the Texas Code of Criminal Procedrue which states that the judge upon the disposition of any criminal case that is punishable as a Class B misdemeanor or higher shall make an affirmative finding of fact and enter the affirmative finding in the judgment or dismissal order in the case if the judge determines that the defendant wilfully failed to appear after the defendant was released from custody for the offense.  The affirmative finding must include the number of times the defendant failed to appear for the offense.

This section went into effect on September 1, 2025.

Section 15- 

Amends article 44.01 of the Code of Criminal Procedure to allow the State to appeal an order of a court in a criminal case if the order grants bail, in an amount considered insufficent by the prosecuting attorney, if the defendant is:

(A)  is charged with an offense under any of the following sections of the Penal Code:

 (i)  Section 19.02 (murder);

(ii)  Section 19.03 (capital murder); 

(iii)  Section 22.02 (aggravated assault) if:

(a)  the offense was committed under Subsection (a)(1); or 

(b)  the defendant used a firearm, club, knife, or  explosive weapon, as those terms are defined by Section 46.01, Penal Code, during the  commission of the assault;

(iv)  Section 20.04 (aggravated kidnapping);

(v)  Section 29.03 (aggravated robbery); 

(vi)  Section 22.021 (aggravated sexual assault);

             (vii)  Section 21.11 (indecency with a child); 

(viii)  Section 20A.02 (trafficking of persons); or

(ix)  Section 20A.03 (continuous trafficking of persons); or 

(B)  is charged with an offense punishable as a felony and was released on bail for an offense punishable as a felony at the time the instant offense was committed.

This section went into effect on September 1, 2025.

Section 16-  

Amends Article 56A.051 of the Code of Criminal Procedure to allow victims a right to certain information regarding whether a defendant has complied with the conditions of their bail.

This section went into effect on September 1, 2025.

Section 17-  

Amends section 72.038 of the Government Code- to make it clear if someone is released pursuant to a standing order a bail form must be done.  (This may be intended to address the Harris County misdemeanors being released on GOB bonds and personal bonds).  

This portion goes into effect on September 1, 2025.

This seciton also creats section (c-1) which will give the district attorney notice via email of all bail forms for the county for an offense involving violence.  The elected district attorney shall provide an email address to the Office of Court Administration for this purpose.  This section goes into effect January 1, 2026.

Section 18-  

Amends section 51A.003 (b) of the Human Resources Code to allow victims to provide information to the prosecutor to be used in setting bail.

Section 19- 

Article 17.071 (f-1) of the code of criminal procedure is repealed.  (This section originally required charitable bail fund reports to go to the local county sheriff.  This was amended to change it to go to the Office of Court Administration).  Therefore, the old section was repealed.  

Section 20- 

This section gives authority to the Texas Supreme Court to adopt rules to implement article 44.01 (f-1) (a judgment in all criminal cases must include certain findings).

Section 21- 

Changes in the law only apply to an offense committed on or after the effective date of this Act.  An offense committed before the implementation of this Act is governed by the law in effect on the date the offense was committed.

Section 22-  

In general SB9 goes into effect on September 1, 2025 with these exceptions:

        a.    The following provisions go into effect January 1, 2026

                    Article 16.24 of the Code of Criminal Procedure.

                    Articles 17.021 (c-1), (h) and (h-1) of the Code of Criminal Procedure.

                    Articles 17.027 (c) and (d) of the Code of Criminal Procedure and

                    Section 72.038 (c-1) of the Texas Government Code.

        b.    The following provisions to into effect April 1, 2026

                    Article 17.021 (b) of the Texas Code of Criminal Procedure as amended;

                    Article 17.027 (a) of the Texas Code of Criminal Procedure as amended; and

                    Article 17.027 (a-1) of the Texas Code of Criminal Procedure as amended.

To see SB 9- CLICK HERE.




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