| 3 | 5 | | |
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| 4 | 6 | | |
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| 5 | 7 | | A BILL TO BE ENTITLED |
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| 6 | 8 | | AN ACT |
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| 7 | 9 | | relating to the release of a defendant arrested for a misdemeanor |
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| 8 | 10 | | punishable by fine only. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Article 15.17(b), Code of Criminal Procedure, is |
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| 11 | 13 | | amended to read as follows: |
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| 12 | 14 | | (b) After an accused charged with a misdemeanor punishable |
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| 13 | 15 | | by fine only is taken before a magistrate under Subsection (a) and |
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| 14 | 16 | | the magistrate has identified the accused with certainty, the |
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| 15 | 17 | | magistrate may release the accused without bond and order the |
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| 16 | 18 | | accused to appear at a later date for arraignment in the applicable |
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| 17 | 19 | | justice court or municipal court. The order must state in writing |
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| 18 | 20 | | the time, date, and place of the arraignment, and the magistrate |
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| 19 | 21 | | must sign the order. The accused shall receive a copy of the order |
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| 20 | 22 | | on release. If an accused fails to appear as required by the order, |
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| 21 | 23 | | the judge of the court in which the accused is required to appear |
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| 22 | 24 | | shall issue a warrant for the arrest of the accused. If the accused |
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| 23 | 25 | | is arrested and brought before the judge, the judge may admit the |
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| 24 | 26 | | accused to bail, and in admitting the accused to bail, the judge |
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| 25 | 27 | | should set as the amount of bail an amount double that generally set |
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| 26 | 28 | | for the offense for which the accused was arrested. [This |
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| 27 | 29 | | subsection does not apply to an accused who has previously been |
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| 28 | 30 | | convicted of a felony or a misdemeanor other than a misdemeanor |
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| 29 | 31 | | punishable by fine only.] |
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| 30 | 32 | | SECTION 2. Article 45.016(c), Code of Criminal Procedure, |
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| 31 | 33 | | as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, |
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| 32 | 34 | | Regular Session, 2017, is amended to read as follows: |
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| 33 | 35 | | (c) If before the expiration of a 48-hour period following |
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| 34 | 36 | | the issuance of the applicable order a defendant described by |
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| 35 | 37 | | Subsection (b) remains in custody for a misdemeanor punishable by |
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| 36 | 38 | | fine only and [Subsections (b)(1) and (2)] does not give a required |
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| 37 | 39 | | bail bond, the justice or judge: |
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| 38 | 40 | | (1) shall reconsider the requirement for the defendant |
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| 39 | 41 | | to give the bail bond and presume that the defendant does not have |
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| 40 | 42 | | sufficient resources or income to give the bond; and |
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| 41 | 43 | | (2) may require the defendant to give a personal bond. |
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| 42 | 44 | | SECTION 3. Article 45.016(c), Code of Criminal Procedure, |
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| 43 | 45 | | as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, |
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| 44 | 46 | | Regular Session, 2017, is repealed. |
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| 45 | 47 | | SECTION 4. The change in law made by this Act applies only |
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| 46 | 48 | | to an offense committed on or after the effective date of this Act. |
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| 47 | 49 | | An offense committed before the effective date of this Act is |
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| 48 | 50 | | governed by the law in effect on the date the offense was committed, |
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| 49 | 51 | | and the former law is continued in effect for that purpose. For |
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| 50 | 52 | | purposes of this section, an offense was committed before the |
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| 51 | 53 | | effective date of this Act if any element of the offense occurred |
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| 52 | 54 | | before that date. |
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| 53 | 55 | | SECTION 5. This Act takes effect September 1, 2021. |
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