85R4366 MAW-D
By: Canales H.B. No. 664
A BILL TO BE ENTITLED
AN ACT
relating to the release on bail of a defendant arrested following a
violation of a condition of community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 42A.751(c), Code of Criminal Procedure,
is amended to read as follows:
(c) Without any unnecessary delay, but not later than 48
hours after the defendant is arrested, the arresting officer or the
person with custody of the defendant shall take the defendant
before the judge who ordered the arrest for the alleged violation of
a condition of community supervision or, if the judge is
unavailable, before a magistrate of the county in which the
defendant was arrested. The judge or magistrate shall perform all
appropriate duties and may exercise all appropriate powers as
provided by Article 15.17 with respect to an arrest for a new
offense, including releasing the defendant [except that only the
judge who ordered the arrest for the alleged violation may
authorize the defendant's release] on bail. The defendant may be
taken before the judge or magistrate under this subsection by means
of an electronic broadcast system as provided by and subject to the
requirements of Article 15.17.
SECTION 2. The change in law made by this Act applies only
to a person who is arrested on or after the effective date of this
Act. A person arrested before the effective date of this Act is
governed by the law in effect on the date the person was arrested,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.