86R4479 ADM-D
By: White, Bernal, Collier H.B. No. 3283
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain defendants on bail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.1501 to read as follows:
Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The
judges of the courts trying criminal cases in a county may
promulgate a standing order setting out a schedule of suggested
bail amounts for any offense over which the courts have
jurisdiction under Chapter 4.
(b) A defendant who is charged with an offense for which a
bail schedule has been established under Subsection (a) may waive
the defendant's right to appear before a magistrate under Article
15.17 and be released from custody on giving bail in the amount
required by the schedule.
(c) A defendant who is unable to give bail in the amount
required by the schedule may file with the applicable magistrate a
sworn affidavit declaring the maximum amount that the defendant
would be able to pay or provide as security within 24 hours of
arrest for purposes of obtaining a bail bond. The affidavit must
set out sufficient facts to clearly establish that amount, given
the totality of the defendant's circumstances.
(d) A defendant who files an affidavit under Subsection (c)
is entitled to a hearing before the magistrate on the bail amount.
The hearing must be held not later than 48 hours after the charges
were filed against the defendant or 48 hours after the defendant was
arrested, whichever is later. At the hearing, the magistrate shall
consider the facts stated in the affidavit and the rules
established by Article 17.15 and set the defendant's bail. The
magistrate shall issue oral or written findings of fact supporting
the decision.
(e) A defendant who has not given bail before the fourth
business day after the date bail is set under this article shall be
taken before the court before whom the case is pending for a hearing
to reconsider the bail amount. At a hearing under this subsection,
the court may adjust the bail, keep the bail as previously set, or
impose any additional conditions of release on bond the court
considers necessary.
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, 2019.