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.