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.