Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.

89(R) SB 9 - Enrolled version - Bill Text

S.B. No. 9

AN ACT

relating to the confinement or release of defendants before trial

or sentencing, including regulating charitable bail organizations,

and the conditions of and procedures for setting bail and reviewing

bail decisions.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 16, Code of Criminal Procedure, is

amended by adding Article 16.24 to read as follows:

Art.

16.24.

REPORTING OF CONDITIONS OF PRETRIAL

INTERVENTION PROGRAM. As soon as practicable but not later than the

10th business day after the date a defendant enters a pretrial

intervention program, the attorney representing the state, or the

attorney's designee who is responsible for monitoring the

defendant's compliance with the conditions of the program, shall

enter information relating to the conditions of the program into

the appropriate database of the statewide law enforcement

information system maintained by the Department of Public Safety or

modify or remove information, as appropriate.

SECTION 2. Article 17.021, Code of Criminal Procedure, is

amended by amending Subsection (b) and adding Subsections (c-1),

(h), (h-1), and (i) to read as follows:

(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)
any
previous sentences imposing a term of

confinement;

(D)
any
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;

(F)

whether the defendant is currently on

community supervision, parole, or mandatory supervision for an

offense;

(G)

whether the defendant is currently released

on bail or participating in a pretrial intervention program and any

conditions of that release or participation;

(H)

outstanding warrants for the defendant's

arrest that have been entered into the National Crime Information

Center database or the Texas Crime Information System established

under Section 411.0541, Government Code, including a warrant issued

under Article 42A.751 of this code or Section 508.251, Government

Code; and

(I)

any current protective orders, as defined by

Section 72.151, Government Code, for which the defendant is the

subject;
and

(6) be designed to collect and maintain the

information provided on a bail form submitted under Section 72.038,

Government Code.

(c-1)

On request by an attorney representing the state, the

office shall provide to the attorney access to the public safety

report system for the purpose of allowing the attorney to access a

bail form submitted to the office under Section 72.038, Government

Code.

(h)

The public safety report system must be configured to

allow a county or municipality to integrate the jail records

management system and case management systems used by the county

with the public safety report system.

(h-1)

The office may provide grants to reimburse counties

and municipalities for costs related to integrating the systems

described by Subsection (h). The office is not required to provide

a grant under this subsection unless the office is appropriated

money for that purpose. This subsection expires August 31, 2027.

(i)

The office may modify the public safety report system to

incorporate technological advances to the system's features

regarding notices and to any other processes the office determines

will enhance the system's availability to protect the public.

SECTION 3. Article 17.022, Code of Criminal Procedure, is

amended by adding Subsection (g) to read as follows:

(g)

In the manner described by this article, a magistrate

may order, prepare, or consider a public safety report in setting

bail for a defendant who is not in custody at the time the report is

ordered, prepared, or considered.

SECTION 4. The heading to Article 17.027, Code of Criminal

Procedure, is amended to read as follows:

Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH

FELONY OFFENSE [
COMMITTED WHILE ON BAIL
].

SECTION 5. Article 17.027, Code of Criminal Procedure, is

amended by amending Subsection (a) and adding Subsections (a-1),

(a-2), (a-3), (c), and (d) to read as follows:

(a) Notwithstanding any other law:

(1) if a defendant is
taken before a magistrate for

[
charged with
] committing an offense punishable as a felony while

released on bail [
in a pending case
] for another offense punishable

as a felony and the subsequent offense was committed in the same

county as the previous offense, the defendant may be released on

bail only by:

(A) the court before whom the case for the

previous offense is pending; or

(B) another court designated in writing by the

court described by Paragraph (A); and

(2) if a defendant is
taken before a magistrate for

[
charged with
] committing an offense punishable as a felony while

released on bail for another [
pending
] offense punishable as a

felony and the subsequent offense was committed in a different

county than the previous offense, electronic notice of the charge

must be [
promptly
] given to the
individual designated to receive

electronic notices for the county in which the previous offense was

committed, not later than the next business day after the date the

defendant is taken before the magistrate, for purposes of the
court

specified by Subdivision (1) [
for purposes of reevaluating the bail

decision,
] determining whether any bail conditions were

violated[
,
] or taking any other applicable action
such as an action

described by Subsection (a-1)
.

(a-1)

If a defendant is taken before a magistrate for

committing an offense punishable as a felony while released on bail

for another offense punishable as a felony, the court before which

the case for the previous offense is pending shall consider whether

to revoke or modify the terms of the previous bond or to otherwise

reevaluate the previous bail decision.

(a-2)

A magistrate appointed under Chapter 54, Government

Code, may not release on bail a defendant who:

(1)

is charged with committing an offense punishable

as a felony if the defendant:

(A)

was released on bail, parole, or community

supervision for an offense punishable as a felony at the time of the

instant offense;

(B)

has previously been finally convicted of two

or more offenses punishable as a felony and for which the defendant

was imprisoned in the Texas Department of Criminal Justice; or

(C)

is subject to an immigration detainer issued

by United States Immigration and Customs Enforcement; or

(2)

is charged with committing an offense under the

following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 20.04 (aggravated kidnapping); or

(D) Section 22.021 (aggravated sexual assault).

(a-3)

An order granting bail signed by a magistrate

appointed under Chapter 54, Government Code, must include the names

of each individual who appointed the magistrate and state that the

magistrate was appointed by those individuals.

(c)

The local administrative district judge for each county

shall designate an individual to receive electronic notices under

Subsection (a)(2). The county shall ensure that the name and

contact information of the individual designated to receive notices

under this subsection are included in the public safety report

system developed under Article 17.021.

(d)

An individual designated under Subsection (c) who

receives an electronic notice under Subsection (a) shall promptly

provide the notice to the court specified by Subsection (a)(1), to

the district clerk, and to the attorney representing the state and

the defendant's attorney, if known, in the pending case for the

offense for which the defendant was initially released on bail.

A

notice provided under this subsection does not constitute an ex

parte communication.

SECTION 6. Chapter 17, Code of Criminal Procedure, is

amended by adding Article 17.029 to read as follows:

Art.

17.029.

REVIEW OF BAIL DECISION. (a)

This article

applies only to a bail decision:

(1)

regarding a defendant charged with or arrested for

an offense punishable as a felony; and

(2)

that was made under Article 17.028 by the

magistrate of a court that does not have jurisdiction to try the

offense with which the defendant is charged.

(b)

Notwithstanding any other law, a district judge in any

county in which the offense for which the person was arrested will

be tried or in any county in which the charge for that offense will

be filed has jurisdiction to modify a bail decision to which this

article applies, regardless of whether the defendant has been

previously indicted or an information has been previously filed for

the offense for which the defendant was arrested.

(c)

The local administrative judge for each county shall

establish a procedure for the district clerk to notify each

district judge in the county that the district clerk received a

request to review a bail decision under this article.

(d)

A district judge must review a bail decision as soon as

practicable but not later than the next business day after the date

a request to review the bail decision is filed with the district

clerk by an attorney representing the state.

(e)

A district judge reviewing a bail decision under this

article shall comply with Article 17.09 and shall consider the

facts presented and the rules established by Article 17.15(a) in

setting the defendant's bail.

(f)

If a district judge modifies a bail decision under this

article to increase the amount of bail or to require additional

conditions of bail for a defendant who is not in custody, the judge

shall:

(1)

issue a summons for the defendant to appear before

the judge; and

(2)

give the defendant a reasonable opportunity to

appear before issuing a warrant for the defendant's arrest.

SECTION 7. Articles 17.03(a) and (b-2), Code of Criminal

Procedure, are amended to read as follows:

(a) Except as
otherwise
provided by
this chapter

[
Subsection (b) or (b-1)
], a magistrate may, in the magistrate's

discretion, release the defendant on personal bond without sureties

or other security.

(b-2) Except as provided by Articles 15.21, 17.032, 17.033,

and 17.151, a defendant may not be released on personal bond if the

defendant:

(1) is charged with
:

(A)
an offense involving violence; or

(B) an offense under:

(i)

Section 19.02(b)(4), Penal Code (murder

as a result of manufacture or delivery of a controlled substance in

Penalty Group 1-B);

(ii)

Section 22.07, Penal Code (terroristic

threat), if the offense is punishable as a Class A misdemeanor or

any higher category of offense;

(iii)

Section 25.07, Penal Code (violation

of certain court orders or conditions of bond in a family violence,

child abuse or neglect, sexual assault or abuse, indecent assault,

stalking, or trafficking case); or

(iv)

Section 46.04(a), Penal Code (unlawful

possession of firearm); or

(2) while released on bail
, parole,
or community

supervision for an offense involving violence, is charged with

committing:

(A) any offense punishable as a felony; or

(B) an offense under the following provisions of

the Penal Code:

(i) Section 22.01(a)(1) (assault);

(ii) Section 22.05 (deadly conduct);
or

(iii) [
Section 22.07 (terroristic threat);

or

[
(iv)
] Section 42.01(a)(7) or (8)

(disorderly conduct involving firearm).

SECTION 8. Articles 17.071(a), (f), (h), and (k), Code of

Criminal Procedure, are amended to read as follows:

(a) In this article
:

(1) "Charitable
[
, "charitable
] bail organization"

means a person who accepts and uses donations from the public to

deposit money with a court in the amount of a defendant's bail bond.

The term does not include:

(A)
[
(1)
] a person accepting donations with

respect to a defendant who is a member of the person's family, as

determined under Section 71.003, Family Code; or

(B)
[
(2)
] a nonprofit corporation organized for

a religious purpose.

(2)

"Office" means the Office of Court Administration

of the Texas Judicial System.

(f) Not later than the 10th day of each month, a charitable

bail organization shall submit
to the office and
[
,
] to the sheriff

of each county in which the organization files an affidavit under

Subsection (e), a report that includes the following information

for each defendant for whom the organization paid a bail bond in the

preceding calendar month:

(1) the name of the defendant;

(2) the cause number of the case;

(3)
each charge for which the bond was paid;

(4)

the category of offense for each charge for which

the bond was paid;

(5) the amount of the bond paid;

(6)
the county in which the applicable charge is

pending, if different from the county in which the bond was paid;

(7)
[
and

[
(4)
] any dates on which the defendant has failed to

appear in court as required for the charge for which the bond was

paid
; and

(8)

whether a bond forfeiture has occurred in

connection with the charge for which the bond was paid
.

(h)
If the office has reason to believe that a charitable

bail organization may have paid one or more bonds in violation of

this article, the office shall report that information to the

sheriff of the county in which the suspected violation occurred.

The sheriff of
that
[
a
] county may suspend a charitable bail

organization from paying bail bonds in the county for a period not

to exceed one year if the sheriff determines the organization has

paid one or more bonds in violation of this article and the

organization has received a warning from the sheriff in the

preceding 12-month period for another payment of bond made in

violation of this article. The sheriff shall report the suspension

to the
office
[
Office of Court Administration of the Texas Judicial

System
].

(k) Not later than December 1 of each year, the
office

[
Office of Court Administration of the Texas Judicial System
] shall

prepare and submit, 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, a report regarding the information

submitted to the office under Subsections
(f)
[
(f-1)
] and (h) for

the preceding state fiscal year.

SECTION 9. Section 3, Article 17.09, Code of Criminal

Procedure, is amended to read as follows:

Sec. 3. Provided that whenever, during the course of the

action,
and regardless of whether the defendant has been previously

released under Article 17.151,
the judge or magistrate in whose

court such action is pending finds that the bond is defective,

excessive or insufficient in amount, or that the sureties, if any,

are not acceptable, or for any other good and sufficient cause, such

judge or magistrate may, either in term-time or in vacation, order

the accused to be rearrested, and require the accused to give

another bond in such amount as the judge or magistrate may deem

proper. When such bond is so given and approved, the defendant

shall be released from custody.

SECTION 10. Chapter 17, Code of Criminal Procedure, is

amended by adding Article 17.092 to read as follows:

Art.

17.092.

REDUCTION IN AMOUNT OR CONDITIONS OF BOND

PROHIBITED IN CERTAIN CIRCUMSTANCES. A magistrate described by

Articles 2A.151(5)-(14) may not reduce the amount or conditions of

bond set by the judge of a district court, including the judge of a

district court in another county.

SECTION 11. Article 17.21, Code of Criminal Procedure, is

amended to read as follows:

Art. 17.21. BAIL IN FELONY.
(a)
In cases of felony, when

the accused is in custody of the sheriff or other officer, and the

court before which the prosecution is pending is in session in the

county where the accused is in custody, the court shall fix the

amount of bail, if it is a bailable case and determine if the

accused is eligible for a personal bond; and the sheriff or other

peace officer, unless it be the police of a city, or a jailer

licensed under Chapter 1701, Occupations Code, is authorized to

take a bail bond of the accused in the amount as fixed by the court,

to be approved by such officer taking the same, and will thereupon

discharge the accused from custody. The defendant and the

defendant's sureties are not required to appear in court.

(b)

Notwithstanding Subsection (a), before releasing on

bail a defendant charged with an offense punishable as a felony, a

magistrate shall ensure that:

(1)

the defendant has appeared before the magistrate;

and

(2)

the magistrate has considered the public safety

report prepared under Article 17.022 for the defendant.

SECTION 12. Chapter 27, Code of Criminal Procedure, is

amended by adding Article 27.20 to read as follows:

Art.

27.20.

CONFINEMENT BEFORE SENTENCING ON PLEA OF GUILTY

OR NOLO CONTENDERE FOR CERTAIN OFFENSES. If a defendant is adjudged

guilty after entering a plea of guilty or nolo contendere for an

offense listed in Article 42A.054(a) punishable as a felony of the

second degree or any higher category of offense and for which the

defendant is not eligible for community supervision under Article

42A.055 as provided by Article 42A.056, the court shall order that

the defendant be taken into custody and confined until the

defendant is sentenced.

SECTION 13. 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 14. Chapter 42, Code of Criminal Procedure, is

amended by adding Article 42.0195 to read as follows:

Art.

42.0195.

FINDING REGARDING FAILURE TO APPEAR. In the

disposition of a criminal case involving any offense punishable as

a Class B misdemeanor or any higher category of offense, the judge

shall make an affirmative finding of fact and enter the affirmative

finding in the judgment or dismissal order in the case if the judge

determines that the defendant wilfully failed to appear after the

defendant was released from custody for the offense.

The

affirmative finding must include the number of times the defendant

failed to appear for the offense.

SECTION 15. Article 44.01, Code of Criminal Procedure, is

amended by amending Subsections (a) and (g) and adding Subsections

(f-1) and (f-2) to read as follows:

(a) The state is entitled to appeal an order of a court in a

criminal case if the order:

(1) dismisses an indictment, information, or

complaint or any portion of an indictment, information, or

complaint;

(2) arrests or modifies a judgment;

(3) grants a new trial;

(4) sustains a claim of former jeopardy;

(5) grants a motion to suppress evidence, a

confession, or an admission, if jeopardy has not attached in the

case and if the prosecuting attorney certifies to the trial court

that the appeal is not taken for the purpose of delay and that the

evidence, confession, or admission is of substantial importance in

the case; [
or
]

(6) is issued under Chapter 64
; or

(7)

grants bail, in an amount considered insufficient

by the prosecuting attorney, to a defendant who:

(A)

is charged with an offense under any of the

following sections of the Penal Code:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii)

Section 22.02 (aggravated assault)

if:

(a)

the offense was committed under

Subsection (a)(1); or

(b)

the defendant used a firearm,

club, knife, or explosive weapon, as those terms are defined by

Section 46.01, Penal Code, during the commission of the assault;

(iv)

Section 20.04 (aggravated

kidnapping);

(v) Section 29.03 (aggravated robbery);

(vi)

Section 22.021 (aggravated sexual

assault);

(vii)

Section 21.11 (indecency with a

child);

(viii)

Section 20A.02 (trafficking of

persons); or

(ix)

Section 20A.03 (continuous

trafficking of persons); or

(B)

is charged with an offense punishable as a

felony and was released on bail for an offense punishable as a

felony at the time the instant offense was committed
.

(f-1)

In an appeal filed under Subsection (a)(7), a court of

appeals shall:

(1) conduct a de novo review of all issues presented;

(2) expedite the appeal; and

(3)

issue an order not later than the 20th day after

the date the appeal is filed.

(f-2)

In an appeal filed under Subsection (a)(7), a court of

appeals may:

(1)

affirm or modify the bail amount set by the court;

or

(2)

reject the bail amount set by the court and remand

the case to the court, with or without guidance, for modification of

the bail amount.

(g) If the state appeals pursuant to this article and the

defendant is on bail,
the defendant
[
he
] shall be permitted to

remain at large on the existing bail. If the defendant is in

custody,
the defendant
[
he
] is entitled to reasonable bail, as

provided by law, unless the appeal is from an order which would
:

(1)
terminate the prosecution, in which event the

defendant is entitled to release on personal bond
; or

(2)

grant bail in an amount considered insufficient by

the prosecuting attorney, in which event the defendant shall be

held in custody during the pendency of the appeal
.

SECTION 16. Article 56A.051(a), Code of Criminal Procedure,

is amended to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

criminal justice system:

(1) the right to receive from a law enforcement agency

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

(2) the right to have the magistrate consider the

safety of the victim or the victim's family in setting the amount of

bail for the defendant;

(3) if requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by the attorney representing the state of

relevant court proceedings, including appellate proceedings, and

to be informed if those proceedings have been canceled or

rescheduled before the event; and

(B) by an appellate court of the court's

decisions, after the decisions are entered but before the decisions

are made public;

(4) when requested, the right to be informed in the

manner provided by Article 56A.0525:

(A) by a peace officer concerning the defendant's

right to bail and the procedures in criminal investigations; and

(B) by the office of the attorney representing

the state concerning
:

(i)
the general procedures in the criminal

justice system, including general procedures in guilty plea

negotiations and arrangements, restitution, and the appeals and

parole process;
and

(ii)

whether the defendant has fully

complied with any conditions of the defendant's bail;

(5) the right to provide pertinent information to a

community supervision and corrections department conducting a

presentencing investigation concerning the impact of the offense on

the victim and the victim's family by testimony, written statement,

or any other manner before any sentencing of the defendant;

(6) the right to receive information, in the manner

provided by Article 56A.0525:

(A) regarding compensation to victims of crime as

provided by Chapter 56B, including information related to the costs

that may be compensated under that chapter and the amount of

compensation, eligibility for compensation, and procedures for

application for compensation under that chapter;

(B) for a victim of a sexual assault, regarding

the payment under Subchapter G for a forensic medical examination;

and

(C) when requested, providing a referral to

available social service agencies that may offer additional

assistance;

(7) the right to:

(A) be informed, on request, and in the manner

provided by Article 56A.0525, of parole procedures;

(B) participate in the parole process;

(C) provide to the board for inclusion in the

defendant's file information to be considered by the board before

the parole of any defendant convicted of any offense subject to this

chapter; and

(D) be notified in the manner provided by Article

56A.0525, if requested, of parole proceedings concerning a

defendant in the victim's case and of the defendant's release;

(8) the right to be provided with a waiting area,

separate or secure from other witnesses, including the defendant

and relatives of the defendant, before testifying in any proceeding

concerning the defendant; if a separate waiting area is not

available, other safeguards should be taken to minimize the

victim's contact with the defendant and the defendant's relatives

and witnesses, before and during court proceedings;

(9) the right to the prompt return of any of the

victim's property that is held by a law enforcement agency or the

attorney representing the state as evidence when the property is no

longer required for that purpose;

(10) the right to have the attorney representing the

state notify the victim's employer, if requested, that the victim's

cooperation and testimony is necessary in a proceeding that may

require the victim to be absent from work for good cause;

(11) the right to request victim-offender mediation

coordinated by the victim services division of the department;

(12) the right to be informed, in the manner provided

by Article 56A.0525, of the uses of a victim impact statement and

the statement's purpose in the criminal justice system as described

by Subchapter D, to complete the victim impact statement, and to

have the victim impact statement considered:

(A) by the attorney representing the state and

the judge before sentencing or before a plea bargain agreement is

accepted; and

(B) by the board before a defendant is released

on parole;

(13) for a victim of an assault or sexual assault who

is younger than 17 years of age or whose case involves family

violence, as defined by Section 71.004, Family Code, the right to

have the court consider the impact on the victim of a continuance

requested by the defendant; if requested by the attorney

representing the state or by the defendant's attorney, the court

shall state on the record the reason for granting or denying the

continuance; and

(14) if the offense is a capital felony, the right to:

(A) receive by mail from the court a written

explanation of defense-initiated victim outreach if the court has

authorized expenditures for a defense-initiated victim outreach

specialist;

(B) not be contacted by the victim outreach

specialist unless the victim, guardian, or relative has consented

to the contact by providing a written notice to the court; and

(C) designate a victim service provider to

receive all communications from a victim outreach specialist acting

on behalf of any person.

SECTION 17. Section 72.038, Government Code, is amended by

adding Subsections (b-1) and (c-1) and amending Subsection (c) to

read as follows:

(b-1)

A person who, under the authority of a standing order

related to bail, releases on bail a defendant who is charged with an

offense punishable as a Class B misdemeanor or any higher category

of offense shall complete the form required under this section.

(c) The person setting bail, an employee of the court that

set the defendant's bail, or an employee of the county in which the

defendant's bail was set must, on completion of the form required

under this section, promptly but not later than
48
[
72
] hours after

the time the defendant's bail is set provide the form

electronically to the office through the public safety report

system.

(c-1)

The office shall provide to the elected district

attorney in each county an electronic copy of the form submitted to

the office under Subsection (c) for each defendant whose bail is set

in the county for an offense involving violence, as defined by

Article 17.03, Code of Criminal Procedure. An elected district

attorney shall provide an e-mail address to the office for the

purpose of receiving a form as provided by this subsection.

SECTION 18. Section 51A.003(b), Human Resources Code, is

amended to read as follows:

(b) The notice adopted under this section must include the

following in both English and Spanish:

(1) a statement that it is a criminal offense for any

person, including a member of the family or former member of the

family, to cause physical injury or harm to a victim or to engage in

conduct constituting stalking, harassment, or terroristic threat

toward a victim;

(2) a list of agencies and social organizations that

the victim may contact for assistance with safety planning,

shelter, or protection;

(3) contact information for:

(A) the National Domestic Violence Hotline;

(B) victim support services at the Department of

Public Safety; and

(C) the commission's family violence program;

and

(4) information regarding the legal rights of a

victim, including information regarding:

(A) the filing of criminal charges and obtaining

a protective order or a magistrate's order for emergency

protection; [
and
]

(B) the ability of a tenant who is a victim of

family violence to vacate a dwelling and terminate a residential

lease
; and

(C)

the ability of the victim to provide

information to the local prosecutor that will be helpful to a

magistrate setting bail if the person committing the offense is

arrested
.

SECTION 19. Article 17.071(f-1), Code of Criminal

Procedure, is repealed.

SECTION 20. As soon as practicable but not later than

October 1, 2025, the Texas Supreme Court shall adopt rules

necessary to implement Article 44.01(f-1), Code of Criminal

Procedure, as added by this Act.

SECTION 21. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

governed by the law in effect on the date the offense was committed,

and the former law is continued in effect for that purpose. For

purposes of this section, an offense was committed before the

effective date of this Act if any element of the offense occurred

before that date.

SECTION 22. (a) Except as otherwise provided by this

section, this Act takes effect September 1, 2025.

(b) The following provisions, as added by this Act, take

effect January 1, 2026:

(1) Article 16.24, Code of Criminal Procedure;

(2) Articles 17.021(c-1), (h), and (h-1), Code of

Criminal Procedure;

(3) Articles 17.027(c) and (d), Code of Criminal

Procedure; and

(4) Section 72.038(c-1), Government Code.

(c) The following provisions take effect April 1, 2026:

(1) Article 17.021(b), Code of Criminal Procedure, as

amended by this Act;

(2) Article 17.027(a), Code of Criminal Procedure, as

amended by this Act; and

(3) Article 17.027(a-1), Code of Criminal Procedure,

as added by this Act.

______________________________

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 9 passed the Senate on

February 19, 2025, by the following vote: Yeas 28, Nays 2; and

that the Senate concurred in House amendment on May 29, 2025, by the

following vote: Yeas 29, Nays 2.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 9 passed the House, with

amendment, on May 20, 2025, by the following vote: Yeas 118,

Nays 25, three present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor