84R7125 KJE-F
By: Moody H.B. No. 1382
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for rearrest and adjustment of the bond
amount in certain criminal cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4, Article 17.09, Code of Criminal
Procedure, is amended to read as follows:
Sec. 4. (a) Notwithstanding any other provision of this
article, the judge or magistrate in whose court a criminal action is
pending may not order the accused to be rearrested or require the
accused to give another bond in a higher amount because the accused:
(1) withdraws a waiver of the right to counsel; [or]
(2) requests the assistance of counsel, appointed or
retained; or
(3) is formally charged with the same offense for
which the accused was initially arrested and bond was given, except
as provided by Subsection (b).
(b) The judge or magistrate may order the accused to be
rearrested or require the accused to give another bond in a higher
amount based on the circumstance described by Subsection (a)(3)
only after providing notice to each party to the action and, on
request of any party, an opportunity for a hearing.
SECTION 2. This Act takes effect September 1, 2015.