| 1 | 1 | | 85R3556 KJE-F |
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| 2 | 2 | | By: Moody H.B. No. 362 |
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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 procedure for rearrest and adjustment of the bond |
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| 8 | 8 | | amount in certain criminal cases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 4, Article 17.09, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | Sec. 4. (a) Notwithstanding any other provision of this |
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| 13 | 13 | | article, the judge or magistrate in whose court a criminal action is |
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| 14 | 14 | | pending may not order the accused to be rearrested or require the |
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| 15 | 15 | | accused to give another bond in a higher amount because the accused: |
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| 16 | 16 | | (1) withdraws a waiver of the right to counsel; [or] |
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| 17 | 17 | | (2) requests the assistance of counsel, appointed or |
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| 18 | 18 | | retained; or |
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| 19 | 19 | | (3) is formally charged with the same offense for |
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| 20 | 20 | | which the accused was initially arrested and bond was given, except |
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| 21 | 21 | | as provided by Subsection (b). |
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| 22 | 22 | | (b) The judge or magistrate may order the accused to be |
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| 23 | 23 | | rearrested or require the accused to give another bond in a higher |
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| 24 | 24 | | amount based on the circumstance described by Subsection (a)(3) |
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| 25 | 25 | | only after providing notice to each party to the action and, on |
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| 26 | 26 | | request of any party, an opportunity for a hearing. |
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| 27 | 27 | | SECTION 2. This Act takes effect September 1, 2017. |
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