TX
Texas House Bill HB664

Texas 2017 - 85th Regular

Texas House Bill HB664 Compare Versions

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1-85R4366 MAW-D
21 By: Canales H.B. No. 664
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54 A BILL TO BE ENTITLED
65 AN ACT
76 relating to the release on bail of a defendant arrested following a
87 violation of a condition of community supervision.
98 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Article 42A.751(c), Code of Criminal Procedure,
11- is amended to read as follows:
9+ SECTION 1. Article 42A.751, Code of Criminal Procedure, is
10+ amended by amending Subsections (c) and (d) and adding Subsection
11+ (c-1) to read as follows:
1212 (c) Without any unnecessary delay, but not later than 48
1313 hours after the defendant is arrested, the arresting officer or the
1414 person with custody of the defendant shall take the defendant
1515 before the judge who ordered the arrest for the alleged violation of
1616 a condition of community supervision or, if the judge is
1717 unavailable, before a magistrate of the county in which the
1818 defendant was arrested. The judge or magistrate shall perform all
1919 appropriate duties and may exercise all appropriate powers as
2020 provided by Article 15.17 with respect to an arrest for a new
21- offense, including releasing the defendant [except that only the
22- judge who ordered the arrest for the alleged violation may
23- authorize the defendant's release] on bail. The defendant may be
21+ offense. Except as provided by Subsection (c-1), [except that]
22+ only the judge who ordered the arrest for the alleged violation may
23+ authorize the defendant's release on bail. The defendant may be
2424 taken before the judge or magistrate under this subsection by means
2525 of an electronic broadcast system as provided by and subject to the
2626 requirements of Article 15.17.
27+ (c-1) Any magistrate in the county in which a defendant is
28+ arrested for an alleged violation of a condition of community
29+ supervision may release the defendant on bail if:
30+ (1) the defendant is on community supervision for an
31+ offense punishable as a misdemeanor;
32+ (2) the alleged violation of community supervision for
33+ which the arrest is ordered involves only conduct constituting the
34+ commission of a nonviolent offense that is punishable as a
35+ misdemeanor; and
36+ (3) the defendant is arrested in the same county in
37+ which the defendant is under community supervision.
38+ (d) If the defendant has not been released on bail as
39+ permitted under this article [Subsection (c)], on motion by the
40+ defendant, the judge who ordered the arrest for the alleged
41+ violation of a condition of community supervision shall cause the
42+ defendant to be brought before the judge for a hearing on the
43+ alleged violation within 20 days of the date the motion is filed.
44+ After a hearing without a jury, the judge may continue, extend,
45+ modify, or revoke the community supervision.
2746 SECTION 2. The change in law made by this Act applies only
2847 to a person who is arrested on or after the effective date of this
2948 Act. A person arrested before the effective date of this Act is
3049 governed by the law in effect on the date the person was arrested,
3150 and the former law is continued in effect for that purpose.
3251 SECTION 3. This Act takes effect September 1, 2017.