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AN ACT
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relating to the creation of a court reminder program for criminal |
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defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 75, Government Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. COURT REMINDER PROGRAM |
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Sec. 75.601. ESTABLISHMENT OF STATE PROGRAM FOR |
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PARTICIPATING COUNTIES. (a) The Office of Court Administration of |
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the Texas Judicial System shall develop and make available to each |
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county a court reminder program that allows the county to send a |
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text message to notify criminal defendants of scheduled court |
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appearances. The purposes of the program must include: |
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(1) reducing costs associated with defendants who fail |
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to appear for a scheduled court appearance; |
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(2) improving the efficiency of courts in this state; |
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(3) reminding criminal defendants to appear at each |
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scheduled court appearance; and |
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(4) reducing the number of criminal defendants who are |
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confined in a county jail due solely to the defendant's failure to |
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appear for a scheduled court appearance. |
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(b) The program must: |
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(1) be available to each county at no cost; |
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(2) comply with applicable state and federal laws |
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requiring the consent of an individual before sending a reminder by |
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text message; |
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(3) provide text message reminders for each court |
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appearance of a defendant who has access to a device with the |
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technological capability of receiving text messages and provides |
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the court administrator with an operational phone number for the |
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device; |
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(4) document each occurrence of a criminal defendant |
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receiving a text message reminder; |
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(5) identify criminal defendants with scheduled court |
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appearances who lack access to devices with the technological |
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capability of receiving text messages; |
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(6) document the number of criminal defendants who |
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fail to appear at scheduled court appearances after being sent one |
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or more text message reminders; |
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(7) include the technological capability, at the |
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discretion of the local administrative judge, to provide additional |
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information to criminal defendants concerning scheduled court |
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appearances, such as the location of the court appearance, |
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available transportation options, and procedures for defendants |
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who are unable to attend court appearances; |
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(8) support partnerships with local law enforcement |
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agencies, local governments, and local public defenders in |
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accordance with the purposes described by Subsection (a); and |
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(9) provide one or more publicly available Internet |
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websites through which criminal defendants may request text |
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reminders. |
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Sec. 75.602. ESTABLISHMENT OF COUNTY PROGRAMS. (a) The |
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justices of the justice courts and judges of the county courts, |
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statutory county courts, and district courts with jurisdiction over |
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criminal cases in each county may establish a court reminder |
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program that allows the county to send a text message to notify |
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criminal defendants of scheduled court appearances. |
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(b) In developing the court reminder program, the justices |
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and judges may join the state program developed under Section |
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75.601 or develop a county program that allows the county to send |
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text message notifications to criminal defendants and that complies |
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with the requirements of Section 75.601(b). |
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Sec. 75.603. MUNICIPAL PROGRAM. (a) The Office of Court |
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Administration of the Texas Judicial System, or the justices of the |
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justice courts and judges of the county courts, statutory county |
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courts, and district courts with jurisdiction over criminal cases |
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in each county, may partner with municipalities and local law |
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enforcement agencies to allow: |
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(1) individuals to whom a peace officer issues a |
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citation and releases to receive text message reminders of |
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scheduled court appearances; and |
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(2) criminal defendants in municipal court to receive |
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text message reminders of scheduled court appearances. |
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(b) Any municipality that partners with the Office of Court |
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Administration of the Texas Judicial System shall pay all costs of |
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sending reminders to municipal criminal defendants, including the |
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costs of linking the municipal court database with the state court |
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administrator database. |
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SECTION 2. (a) Not later than September 1, 2022, the Office |
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of Court Administration of the Texas Judicial System shall develop |
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and make available the court reminder program as required by |
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Section 75.601, Government Code, as added by this Act. |
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(b) The Office of Court Administration of the Texas Judicial |
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System is required to implement a provision of this Act only if the |
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legislature appropriates money specifically for that purpose. If |
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the legislature does not appropriate money specifically for that |
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purpose, the office may, but is not required to, implement a |
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provision of this Act using other appropriations available for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 4293 was passed by the House on May |
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13, 2021, by the following vote: Yeas 123, Nays 19, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 4293 on May 28, 2021, by the following vote: Yeas 118, Nays 25, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 4293 was passed by the Senate, with |
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amendments, on May 24, 2021, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |