| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | 86R3109 KJE-F | |
| 2 | 2 | By: Moody H.B. No. 161 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | A BILL TO BE ENTITLED | |
| 6 | 6 | AN ACT | |
| 7 | 7 | relating to the procedure for rearrest and adjustment of the bond | |
| 8 | 8 | amount in certain criminal cases. | |
| 9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 10 | SECTION 1. Section 4, Article 17.09, Code of Criminal | |
| 11 | 11 | Procedure, is amended to read as follows: | |
| 12 | 12 | Sec. 4. (a) Notwithstanding any other provision of this | |
| 13 | 13 | article, the judge or magistrate in whose court a criminal action is | |
| 14 | 14 | pending may not order the accused to be rearrested or require the | |
| 15 | 15 | accused to give another bond in a higher amount because the accused: | |
| 16 | 16 | (1) withdraws a waiver of the right to counsel; [or] | |
| 17 | 17 | (2) requests the assistance of counsel, appointed or | |
| 18 | 18 | retained; or | |
| 19 | 19 | (3) is formally charged with the same offense for | |
| 20 | 20 | which the accused was initially arrested and bond was given, except | |
| 21 | 21 | as provided by Subsection (b). | |
| 22 | 22 | (b) The judge or magistrate may order the accused to be | |
| 23 | 23 | rearrested or require the accused to give another bond in a higher | |
| 24 | 24 | amount based on the circumstance described by Subsection (a)(3) | |
| 25 | 25 | only after providing notice to each party to the action and, on | |
| 26 | 26 | request of any party, an opportunity for a hearing. | |
| 27 | 27 | SECTION 2. This Act takes effect September 1, 2019. |