| 1 | 1 | | 86R1060 MAW-D |
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| 2 | 2 | | By: Canales H.B. No. 173 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the release on bail of a defendant arrested following a |
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| 8 | 8 | | violation of a condition of community supervision. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Article 42A.751, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by amending Subsections (c) and (d) and adding Subsection |
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| 12 | 12 | | (c-1) to read as follows: |
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| 13 | 13 | | (c) Without any unnecessary delay, but not later than 48 |
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| 14 | 14 | | hours after the defendant is arrested, the arresting officer or the |
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| 15 | 15 | | person with custody of the defendant shall take the defendant |
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| 16 | 16 | | before the judge who ordered the arrest for the alleged violation of |
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| 17 | 17 | | a condition of community supervision or, if the judge is |
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| 18 | 18 | | unavailable, before a magistrate of the county in which the |
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| 19 | 19 | | defendant was arrested. The judge or magistrate shall perform all |
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| 20 | 20 | | appropriate duties and may exercise all appropriate powers as |
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| 21 | 21 | | provided by Article 15.17 with respect to an arrest for a new |
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| 22 | 22 | | offense. Except as provided by Subsection (c-1), [except that] |
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| 23 | 23 | | only the judge who ordered the arrest for the alleged violation may |
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| 24 | 24 | | authorize the defendant's release on bail. The defendant may be |
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| 25 | 25 | | taken before the judge or magistrate under this subsection by means |
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| 26 | 26 | | of an electronic broadcast system as provided by and subject to the |
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| 27 | 27 | | requirements of Article 15.17. |
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| 28 | 28 | | (c-1) Any magistrate in the county in which a defendant is |
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| 29 | 29 | | arrested for an alleged violation of a condition of community |
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| 30 | 30 | | supervision may release the defendant on bail if: |
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| 31 | 31 | | (1) the defendant is on community supervision for an |
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| 32 | 32 | | offense punishable as a misdemeanor; |
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| 33 | 33 | | (2) the alleged violation of community supervision for |
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| 34 | 34 | | which the arrest is ordered involves only conduct constituting the |
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| 35 | 35 | | commission of a nonviolent offense that is punishable as a |
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| 36 | 36 | | misdemeanor; and |
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| 37 | 37 | | (3) the defendant is arrested in the same county in |
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| 38 | 38 | | which the defendant is under community supervision. |
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| 39 | 39 | | (d) If the defendant has not been released on bail as |
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| 40 | 40 | | permitted under this article [Subsection (c)], on motion by the |
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| 41 | 41 | | defendant, the judge who ordered the arrest for the alleged |
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| 42 | 42 | | violation of a condition of community supervision shall cause the |
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| 43 | 43 | | defendant to be brought before the judge for a hearing on the |
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| 44 | 44 | | alleged violation within 20 days of the date the motion is filed. |
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| 45 | 45 | | After a hearing without a jury, the judge may continue, extend, |
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| 46 | 46 | | modify, or revoke the community supervision. |
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| 47 | 47 | | SECTION 2. The change in law made by this Act applies only |
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| 48 | 48 | | to a person who is arrested on or after the effective date of this |
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| 49 | 49 | | Act. A person arrested before the effective date of this Act is |
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| 50 | 50 | | governed by the law in effect on the date the person was arrested, |
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| 51 | 51 | | and the former law is continued in effect for that purpose. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2019. |
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