HB1167 - Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

  89R80 CS-D     By: Cunningham H.B. No. 1167       A BILL TO BE ENTITLED   AN ACT   relating to the release on bail of certain defendants accused of   committing a felony offense and the criminal consequences of   committing a felony while released on bail for a prior felony;   creating a criminal offense; increasing the minimum term of   imprisonment for certain felonies; changing eligibility for   deferred adjudication community supervision, mandatory   supervision, and parole.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. MINIMUM BAIL FOR CERTAIN FELONY OFFENDERS          SECTION 1.01.  Article 17.028(m), Code of Criminal   Procedure, is amended to read as follows:           (m)  Notwithstanding Subsection (a), a magistrate may make a   bail decision regarding a defendant who is charged only with a   misdemeanor punishable by fine only or a defendant who receives a   citation under Article 14.06(c) without considering the factor   required by Article 17.15(a)(7) [ 17.15(a)(6) ].          SECTION 1.02.  Article 17.03(a), Code of Criminal Procedure,   is amended to read as follows:           (a)  Except as otherwise provided by this article   [ Subsection (b) or (b-1) ], a magistrate may, in the magistrate's   discretion, release the defendant on personal bond without sureties   or other security.           SECTION 1.03.  Article 17.15(a), Code of Criminal Procedure,   is amended to read as follows:           (a)  The amount of bail and any conditions of bail to be   required in any case in which the defendant has been arrested are to   be regulated by the court, judge, magistrate, or officer taking the   bail in accordance with Articles 17.20, 17.21, and 17.22 and are   governed by the Constitution and the following rules:                1.  Bail and any conditions of bail shall be sufficient   to give reasonable assurance that the undertaking will be complied   with.                2.  The power to require bail is not to be used to make   bail an instrument of oppression.                3.  The nature of the offense and the circumstances   under which the offense was committed are to be considered,   including whether the offense:                      (A)  is an offense involving violence , as defined   by Article 17.03; or                      (B)  involves violence directed against a peace   officer.                4.  The minimum amount of bail for an offense involving   violence, as defined by Article 17.03, that is punishable as a   felony of the second degree or any higher category of offense is:                       (A)     $5 million if the offense is a capital   offense;                       (B)     $3 million if the offense is a felony of the   first degree; and                       (C)     $2 million if the offense is a felony of the   second degree.                   5. The ability to make bail shall be considered, and   proof may be taken on this point.                 6 [ 5 ].  The future safety of a victim of the alleged   offense, law enforcement, and the community shall be considered.                 7 [ 6 ].  The criminal history record information for the   defendant, including information obtained through the statewide   telecommunications system maintained by the Department of Public   Safety and through the public safety report system developed under   Article 17.021, shall be considered, including any acts of family   violence, other pending criminal charges, and any instances in   which the defendant failed to appear in court following release on   bail.                 8 [ 7 ].  The citizenship status of the defendant shall   be considered.          SECTION 1.04.  Article 17.20(c), Code of Criminal Procedure,   is amended to read as follows:           (c)  Notwithstanding Subsection (b), a sheriff, peace   officer, or jailer may make a bail decision regarding a defendant   who is charged only with a misdemeanor punishable by fine only or a   defendant who receives a citation under Article 14.06(c) without   considering the factor required by Article 17.15(a)(7)   [ 17.15(a)(6) ].          SECTION 1.05.  Chapter 17, Code of Criminal Procedure, as   amended by this article, applies only to a person who is arrested on   or after December 1, 2025. A person arrested before December 1,   2025, is governed by the law in effect on the date the person was   arrested, and the former law is continued in effect for that   purpose.   ARTICLE 2. IMPROPER SETTING OF BAIL; LIABILITY; OFFENSE          SECTION 2.01.  Title 5, Civil Practice and Remedies Code, is   amended by adding Chapter 108A to read as follows:   CHAPTER 108A. PUBLIC SERVANT LIABILITY           Sec.   108A.001.     LIABILITY OF JUDGE OR MAGISTRATE FOR   IMPROPER SETTING OF BAIL. (a) A victim of an offense that was   committed while the person was released on bail, or the victim's   estate if the victim is deceased, may bring a cause of action   against the judge or magistrate who released the person on bail for   damages incurred as a result of the offense if:                 (1)     the offense for which the person was released on   bail is an offense involving violence, as defined by Article 17.03,   Code of Criminal Procedure, that is punishable as a felony of the   second degree or any higher category of offense; and                 (2)     the amount of bail set by the judge or magistrate   was less than the minimum amount required under Article   17.15(a)(4), Code of Criminal Procedure, for the offense.           (b)     The amount of damages awarded in an action brought under   this section may not exceed $10 million.           (c)     A judge or magistrate may not assert judicial immunity   or other forms of immunity as a defense to an action brought under   this section.           (d)     Section 108.002 does not apply to an action brought   under this section.            SECTION 2.02.  Subchapter C, Chapter 33, Government Code, is   amended by adding Section 33.052 to read as follows:           Sec.   33.052.     IMPROPER SETTING OF BAIL OR RELEASE OF CERTAIN   DEFENDANTS; OFFENSE; REMOVAL. (a) A judge or magistrate commits an   offense if the judge or magistrate:                   (1)     sets bail for an offense involving violence, as   defined by Article 17.03, Code of Criminal Procedure, that is   punishable as a felony of the second degree or any higher category   of offense and the amount of the bail set by the judge or magistrate   is less than the minimum amount required under Article 17.15(a)(4),   Code of Criminal Procedure, for the offense; or                 (2)     releases on bail a defendant who is charged with   committing a felony while released on bail for a prior felony in   violation of Section 11d, Article I, Texas Constitution.             (b)     Except as provided by Subsection (c), an offense under   this section is a misdemeanor punishable by a fine not to exceed   $4,000.           (c)     An offense under this section is a misdemeanor   punishable by a fine not to exceed $10,000 if it is shown on the   trial of the offense that the defendant has been previously   convicted of an offense under this section.          SECTION 2.03.  Sections 81.078(c) and (d), Government Code,   are amended to read as follows:          (c)  On proof of final conviction of any felony involving   moral turpitude , an offense punishable under Section 33.052(c), or   any misdemeanor involving theft, embezzlement, or fraudulent   misappropriation of money or other property, the district court of   the county of the residence of the convicted attorney shall enter an   order disbarring the attorney.          (d)  In an action to disbar any attorney for acts made the   basis of a conviction for a felony involving moral turpitude , an   offense punishable under Section 33.052(c), or a misdemeanor   involving theft, embezzlement, or fraudulent misappropriation of   money or other property, the record of conviction is conclusive   evidence of the guilt of the attorney for the crime of which he was   convicted.          SECTION 2.04.  Chapter 108A, Civil Practice and Remedies   Code, as added by this article, applies only to a cause of action   that accrues on or after December 1, 2025.   ARTICLE 3. INCREASED PENALTIES FOR FELONY COMMITTED WHILE RELEASED   ON BAIL          SECTION 3.01.  Article 42.01, Code of Criminal Procedure, is   amended by adding Section 17 to read as follows:           Sec.   17.     In addition to the information described by   Section 1, the judgment must reflect affirmative findings entered   pursuant to Article 42.0195.          SECTION 3.02.  Chapter 42, Code of Criminal Procedure, is   amended by adding Article 42.0195 to read as follows:           Art.   42.0195.     FINDING REGARDING CERTAIN FELONY OFFENSES   COMMITTED WHILE ON BAIL. In the trial of an offense punishable as a   felony of the first, second, or third degree, on the motion of the   attorney representing the state the judge shall make an affirmative   finding of fact and enter the affirmative finding in the judgment in   the case if the judge determines that the offense was committed   while the defendant was released on bail for a prior felony for   which the defendant has been charged.          SECTION 3.03.  Article 42A.102(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  In all other cases, the judge may grant deferred   adjudication community supervision unless:                (1)  the defendant is charged with an offense:                      (A)  under Section 20A.02, 20A.03, 49.045, 49.05,   49.061, 49.065, 49.07, or 49.08, Penal Code;                      (B)  under Section 49.04 or 49.06, Penal Code,   and, at the time of the offense:                            (i)  the defendant held a commercial   driver's license or a commercial learner's permit; or                            (ii)  the defendant's alcohol concentration,   as defined by Section 49.01, Penal Code, was 0.15 or more;                      (C)  for which punishment may be increased under   Section 49.09, Penal Code;                      (D)  for which punishment may be increased under   Section 481.134(c), (d), (e), or (f), Health and Safety Code, if it   is shown that the defendant has been previously convicted of an   offense for which punishment was increased under any one of those   subsections; [ or ]        &#xA [Text truncated for display. Full text available on Congress.gov.]