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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 of certain defendants on bail. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Article 17.1501 to read as follows: |
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| 11 | 11 | | Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The |
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| 12 | 12 | | judges of the courts trying criminal cases in a county may |
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| 13 | 13 | | promulgate a standing order setting out a schedule of suggested |
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| 14 | 14 | | bail amounts for any offense over which the courts have |
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| 15 | 15 | | jurisdiction under Chapter 4. |
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| 16 | 16 | | (b) A defendant who is charged with an offense for which a |
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| 17 | 17 | | bail schedule has been established under Subsection (a) may waive |
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| 18 | 18 | | the defendant's right to appear before a magistrate under Article |
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| 19 | 19 | | 15.17 and be released from custody on giving bail in the amount |
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| 20 | 20 | | required by the schedule. |
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| 21 | 21 | | (c) A defendant who is unable to give bail in the amount |
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| 22 | 22 | | required by the schedule may file with the applicable magistrate a |
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| 23 | 23 | | sworn affidavit declaring the maximum amount that the defendant |
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| 24 | 24 | | would be able to pay or provide as security within 24 hours of |
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| 25 | 25 | | arrest for purposes of obtaining a bail bond. The affidavit must |
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| 26 | 26 | | set out sufficient facts to clearly establish that amount, given |
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| 27 | 27 | | the totality of the defendant's circumstances. |
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| 28 | 28 | | (d) A defendant who files an affidavit under Subsection (c) |
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| 29 | 29 | | is entitled to a hearing before the magistrate on the bail amount. |
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| 30 | 30 | | The hearing must be held not later than 48 hours after the charges |
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| 31 | 31 | | were filed against the defendant or 48 hours after the defendant was |
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| 32 | 32 | | arrested, whichever is later. At the hearing, the magistrate shall |
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| 33 | 33 | | consider the facts stated in the affidavit and the rules |
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| 34 | 34 | | established by Article 17.15 and set the defendant's bail. The |
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| 35 | 35 | | magistrate shall issue oral or written findings of fact supporting |
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| 36 | 36 | | the decision. |
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| 37 | 37 | | (e) A defendant who has not given bail before the fourth |
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| 38 | 38 | | business day after the date bail is set under this article shall be |
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| 39 | 39 | | taken before the court before whom the case is pending for a hearing |
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| 40 | 40 | | to reconsider the bail amount. At a hearing under this subsection, |
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| 41 | 41 | | the court may adjust the bail, keep the bail as previously set, or |
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| 42 | 42 | | impose any additional conditions of release on bond the court |
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| 43 | 43 | | considers necessary. |
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| 44 | 44 | | SECTION 2. The change in law made by this Act applies only |
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| 45 | 45 | | to a person who is arrested on or after the effective date of this |
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| 46 | 46 | | Act. A person arrested before the effective date of this Act is |
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| 47 | 47 | | governed by the law in effect on the date the person was arrested, |
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| 48 | 48 | | and the former law is continued in effect for that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2019. |
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