Texas 2015 - 84th Regular

Texas Senate Bill SB1740 Latest Draft

Bill / Introduced Version Filed 03/13/2015

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                            84R10905 KJE-D
 By: Hinojosa S.B. No. 1740


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of certain judges in criminal cases to
 review and modify a bail bond set by a municipal court judge or
 justice of the peace.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 17, Code of Criminal Procedure, is
 amended by adding Article 17.0915 to read as follows:
 Art. 17.0915.  REVIEW OF BOND SET BY CERTAIN
 MAGISTRATES.  (a)  On the motion of the defendant, the judge of a
 district court or a county court or statutory county court with
 criminal jurisdiction may review and modify the defendant's bail
 bond on the grounds described by Section 3, Article 17.09, but only
 if the amount and conditions of the original bond were set by a
 municipal court judge or justice of the peace in the same county.
 (b)  Not later than the seventh day after a motion is filed
 under Subsection (a), the judge shall conduct a hearing if
 necessary and rule on the motion.
 (c)  The authority of a judge under this article applies to
 the bond required of a defendant regardless of whether the
 defendant remains confined or was released on the bond originally
 set in the case, except that if the defendant was released on bond,
 the judge shall require the defendant to give a new bond in the
 manner described by Section 3, Article 17.09.
 SECTION 2.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2015.