87R21448 ADM-F
By: Guillen H.B. No. 4485
Substitute the following for H.B. No. 4485:
By: Collier C.S.H.B. No. 4485
A BILL TO BE ENTITLED
AN ACT
relating to the release of a defendant arrested for a misdemeanor
punishable by fine only.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 15.17(b), Code of Criminal Procedure, is
amended to read as follows:
(b) After an accused charged with a misdemeanor punishable
by fine only is taken before a magistrate under Subsection (a) and
the magistrate has identified the accused with certainty, the
magistrate may release the accused without bond and order the
accused to appear at a later date for arraignment in the applicable
justice court or municipal court. The order must state in writing
the time, date, and place of the arraignment, and the magistrate
must sign the order. The accused shall receive a copy of the order
on release. If an accused fails to appear as required by the order,
the judge of the court in which the accused is required to appear
shall issue a warrant for the arrest of the accused. If the accused
is arrested and brought before the judge, the judge may admit the
accused to bail, and in admitting the accused to bail, the judge
should set as the amount of bail an amount double that generally set
for the offense for which the accused was arrested. [This
subsection does not apply to an accused who has previously been
convicted of a felony or a misdemeanor other than a misdemeanor
punishable by fine only.]
SECTION 2. Article 45.016(c), Code of Criminal Procedure,
as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature,
Regular Session, 2017, is amended to read as follows:
(c) If before the expiration of a 48-hour period following
the issuance of the applicable order a defendant described by
Subsection (b) remains in custody for a misdemeanor punishable by
fine only and [Subsections (b)(1) and (2)] does not give a required
bail bond, the justice or judge:
(1) shall reconsider the requirement for the defendant
to give the bail bond and presume that the defendant does not have
sufficient resources or income to give the bond; and
(2) may require the defendant to give a personal bond.
SECTION 3. Article 45.016(c), Code of Criminal Procedure,
as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature,
Regular Session, 2017, is repealed.
SECTION 4. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 5. This Act takes effect September 1, 2021.