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