| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 85R4070 MEW-D | |
| 2 | 2 | By: Dutton H.B. No. 608 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the eligibility of certain defendants for release on | |
| 8 | 8 | personal bond. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Article 17.03, Code of Criminal Procedure, is | |
| 11 | 11 | amended by amending Subsection (a) and adding Subsection (b-1) to | |
| 12 | 12 | read as follows: | |
| 13 | 13 | (a) Except as provided by Subsection (b) or (b-1) [of this | |
| 14 | 14 | article], a magistrate may, in the magistrate's discretion, release | |
| 15 | 15 | the defendant on [his] personal bond without sureties or other | |
| 16 | 16 | security. | |
| 17 | 17 | (b-1) Notwithstanding any other law, a magistrate shall | |
| 18 | 18 | release on personal bond a defendant who is charged with a | |
| 19 | 19 | misdemeanor unless the magistrate makes an affirmative finding of | |
| 20 | 20 | fact and files a statement of that affirmative finding with the | |
| 21 | 21 | papers in the case that extenuating circumstances justify not | |
| 22 | 22 | releasing the defendant on personal bond. | |
| 23 | 23 | SECTION 2. The change in law made by this Act applies only | |
| 24 | 24 | to a personal bond that is executed on or after the effective date | |
| 25 | 25 | of this Act. A personal bond executed before the effective date of | |
| 26 | 26 | this Act is governed by the law in effect when the personal bond was | |
| 27 | 27 | executed, and the former law is continued in effect for that | |
| 28 | 28 | purpose. | |
| 29 | 29 | SECTION 3. This Act takes effect September 1, 2017. |