HBA-CBW C.S.H.B. 452 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 452
By: Talton
Criminal Jurisprudence
4/17/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, courts may assess personal bond fees for defendants released on
a personal bond to defray the costs of personal bond offices.  However, in
large counties such as Harris County, the office oversees many defendants
released on cash or surety bonds. Moreover, courts often order defendants
to undergo electronic monitoring and drug testing or to install an
interlock ignition device  in a vehicle through personal bond offices;
however, the offices have no way to recover the costs of supervising a
defendant's compliance with these conditions. C.S.H.B.  452 authorizes the
court to require a defendant to pay costs incurred by a personal bond
office in requiring a defendant to submit to certain monitoring or
programs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 452 amends the Code of Criminal Procedure to provide that, if a
personal bond office is established, the  personal bond office is to report
its findings to each court having criminal jurisdiction in the county or
judicial district, as appropriate.  The bill authorizes a personal bond
office to operate programs, including programs that require testing for
controlled substances, to supervise persons released on personal, cash, or
surety bond. The bill provides that,  if a court uses the personal bond
office to release a defendant on personal bond or to provide supervision of
a defendant released on a personal, cash, or surety bond, the court is
required to assess a personal bond fee or a supervision fee for a defendant
released on personal bond or is required to assess a supervision fee for a
defendant released on a cash or surety  bond. The bill sets forth
guidelines for the assessment of personal bond and supervision fees.  The
bill authorizes the court to require a defendant to pay costs incurred by a
personal bond office in requiring the defendant to submit to  electronic
monitoring or testing for controlled substances, providing the defendant
with an interlock ignition device, or  providing other services related to
the supervision of the defendant.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.  452 differs from the original bill by requiring, rather than
authorizing, the court to assess a supervision fee for a defendant released
on a cash or surety bond.  The substitute modifies the original to conform
to Texas Legislative Council style and format.