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1 | 1 | 86R10785 MEW-D | |
2 | 2 | By: Dutton H.B. No. 1955 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A BILL TO BE ENTITLED | |
6 | 6 | AN ACT | |
7 | 7 | relating to the eligibility of certain defendants for release on | |
8 | 8 | personal bond. | |
9 | 9 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
10 | 10 | SECTION 1. Article 17.03, Code of Criminal Procedure, is | |
11 | 11 | amended by amending Subsection (a) and adding Subsection (b-2) to | |
12 | 12 | read as follows: | |
13 | 13 | (a) Except as provided by Subsection (b), [or] (b-1), or | |
14 | 14 | (b-2), a magistrate may, in the magistrate's discretion, release | |
15 | 15 | the defendant on personal bond without sureties or other security. | |
16 | 16 | (b-2) Notwithstanding any other law, a magistrate shall | |
17 | 17 | release on personal bond a defendant who is charged with a | |
18 | 18 | misdemeanor unless the magistrate makes an affirmative finding of | |
19 | 19 | fact and files a statement of that affirmative finding with the | |
20 | 20 | papers in the case that extenuating circumstances justify not | |
21 | 21 | releasing the defendant on personal bond. | |
22 | 22 | SECTION 2. The change in law made by this Act applies only | |
23 | 23 | to a personal bond that is executed on or after the effective date | |
24 | 24 | of this Act. A personal bond executed before the effective date of | |
25 | 25 | this Act is governed by the law in effect when the personal bond was | |
26 | 26 | executed, and the former law is continued in effect for that | |
27 | 27 | purpose. | |
28 | 28 | SECTION 3. This Act takes effect September 1, 2019. |