(b) The public safety report system must:
(1) state the requirements for setting bail under Article 17.15 and list each factor provided by Article 17.15(a);
(2) provide the defendant's name and date of birth or, if impracticable, other identifying information, the cause number of the case, if available, and the offense for which the defendant was arrested;
(3) provide information on the eligibility of the defendant for a personal bond;
(4) provide information regarding the applicability of any required or discretionary bond conditions;
(5) provide, in summary form, the criminal history of the defendant, including information regarding any:
(A) previous misdemeanor or felony convictions;
(B) pending charges;
(C) previous sentences imposing a term of confinement;
(D) previous convictions or pending charges for:
(i) offenses that are offenses involving violence as defined by Article 17.03; or
(ii) offenses involving violence directed against a peace officer; and
(E) previous failures of the defendant to appear in court following release on bail; and
(6) be designed to collect and maintain the information provided on a bail form submitted under Section 72.038, Government Code.
(c) The office shall provide access to the public safety report system to the appropriate officials in each county and each municipality at no cost. This subsection may not be construed to require the office to provide an official or magistrate with any equipment or support related to accessing or using the public safety report system.
(d) The public safety report system may not:
(1) be the only item relied on by a judge or magistrate in making a bail decision;
(2) include a score, rating, or assessment of a defendant's risk or make any recommendation regarding the appropriate bail for the defendant; or
(3) include any information other than the information listed in Subsection (b).
(e) The office shall use the information maintained under Subsection (b)(6) to collect data from the preceding state fiscal year regarding the number of defendants for whom bail was set after arrest, including:
(1) the number for each category of offense;
(2) the number of personal bonds; and
(3) the number of monetary bonds.
(f) Not later than December 1 of each year, the office shall submit a report containing the data described by Subsection (e) to the governor, lieutenant governor, speaker of the house of representatives, and presiding officers of the standing committees of each house of the legislature with primary jurisdiction over the judiciary.
(g) The Department of Public Safety shall assist the office in implementing the public safety report system established under this article and shall provide criminal history record information to the office in the electronic form necessary for the office to implement this article.
Added by Acts 2021, 87th Leg., 2nd C.S., Ch. 11 (S.B. 6), Sec. 5, eff. December 2, 2021.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Article 17.01. Definition of "Bail"
Article 17.02. Definition of "Bail Bond"
Article 17.021. Public Safety Report System
Article 17.022. Public Safety Report
Article 17.023. Authority to Release on Bail in Certain Cases
Article 17.024. Training on Duties Regarding Bail
Article 17.025. Officers Taking Bail Bond
Article 17.026. Electronic Filing of Bail Bond
Article 17.027. Release on Bail of Defendant Charged With Felony Offense Committed While on Bail
Article 17.031. Release on Personal Bond
Article 17.033. Release on Bond of Certain Persons Arrested Without a Warrant
Article 17.04. Requisites of a Personal Bond
Article 17.045. Bail Bond Certificates
Article 17.05. When a Bail Bond Is Given
Article 17.0501. Required Training
Article 17.06. Corporation as Surety
Article 17.07. Corporation to File With County Clerk Power of Attorney Designating Agent
Article 17.071. Charitable Bail Organizations
Article 17.08. Requisites of a Bail Bond
Article 17.081. Additional Requisites of Bail Bond Given by Certain Defendants
Article 17.085. Notice of Appearance Date
Article 17.09. Duration; Original and Subsequent Proceedings; New Bail
Article 17.091. Notice of Certain Bail Reductions Required
Article 17.10. Disqualified Sureties
Article 17.11. How Bail Bond Is Taken
Article 17.12. Exempt Property
Article 17.13. Sufficiency of Sureties Ascertained
Article 17.14. Affidavit Not Conclusive
Article 17.141. Eligible Bail Bond Sureties in Certain Counties
Article 17.15. Rules for Setting Amount of Bail
Article 17.151. Release Because of Delay
Article 17.153. Denial of Bail for Violation of Condition of Bond Where Child Alleged Victim
Article 17.17. When Surrender Is Made During Term
Article 17.18. Surrender in Vacation
Article 17.19. Surety May Obtain a Warrant
Article 17.20. Bail in Misdemeanor
Article 17.22. May Take Bail in Felony
Article 17.23. Sureties Severally Bound
Article 17.24. General Rules Applicable
Article 17.25. Proceedings When Bail Is Granted
Article 17.26. Time Given to Procure Bail
Article 17.27. When Bail Is Not Given
Article 17.28. When Ready to Give Bail
Article 17.29. Accused Liberated
Article 17.291. Further Detention of Certain Persons
Article 17.292. Magistrate's Order for Emergency Protection
Article 17.293. Delivery of Order for Emergency Protection to Other Persons
Article 17.294. Confidentiality of Certain Information in Order for Emergency Protection
Article 17.30. Shall Certify Proceedings
Article 17.31. Duty of Clerks Who Receive Such Proceedings
Article 17.32. In Case of No Arrest
Article 17.33. Request Setting of Bail
Article 17.34. Witnesses to Give Bond
Article 17.35. Security of Witness
Article 17.36. Effect of Witness Bond
Article 17.37. Witness May Be Committed
Article 17.38. Rules Applicable to All Cases of Bail
Article 17.39. Records of Bail
Article 17.40. Conditions Related to Victim or Community Safety
Article 17.41. Condition Where Child Alleged Victim
Article 17.42. Personal Bond Office
Article 17.43. Home Curfew and Electronic Monitoring as Condition
Article 17.44. Home Confinement, Electronic Monitoring, and Drug Testing as Condition
Article 17.441. Conditions Requiring Motor Vehicle Ignition Interlock
Article 17.45. Conditions Requiring AIDS and HIV Instruction
Article 17.46. Conditions for a Defendant Charged With Stalking
Article 17.47. Conditions Requiring Submission of Specimen
Article 17.48. Posttrial Actions
Article 17.49. Conditions for Defendant Charged With Offense Involving Family Violence
Article 17.51. Notice of Conditions
Article 17.52. Reporting of Conditions
Article 17.53. Procedures and Forms Related to Monetary Bond