| 1 | 1 | | 84R10905 KJE-D |
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| 2 | 2 | | By: Hinojosa S.B. No. 1740 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the authority of certain judges in criminal cases to |
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| 8 | 8 | | review and modify a bail bond set by a municipal court judge or |
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| 9 | 9 | | justice of the peace. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.0915 to read as follows: |
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| 13 | 13 | | Art. 17.0915. REVIEW OF BOND SET BY CERTAIN |
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| 14 | 14 | | MAGISTRATES. (a) On the motion of the defendant, the judge of a |
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| 15 | 15 | | district court or a county court or statutory county court with |
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| 16 | 16 | | criminal jurisdiction may review and modify the defendant's bail |
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| 17 | 17 | | bond on the grounds described by Section 3, Article 17.09, but only |
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| 18 | 18 | | if the amount and conditions of the original bond were set by a |
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| 19 | 19 | | municipal court judge or justice of the peace in the same county. |
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| 20 | 20 | | (b) Not later than the seventh day after a motion is filed |
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| 21 | 21 | | under Subsection (a), the judge shall conduct a hearing if |
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| 22 | 22 | | necessary and rule on the motion. |
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| 23 | 23 | | (c) The authority of a judge under this article applies to |
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| 24 | 24 | | the bond required of a defendant regardless of whether the |
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| 25 | 25 | | defendant remains confined or was released on the bond originally |
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| 26 | 26 | | set in the case, except that if the defendant was released on bond, |
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| 27 | 27 | | the judge shall require the defendant to give a new bond in the |
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| 28 | 28 | | manner described by Section 3, Article 17.09. |
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| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2015. |
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