Texas 2021 87th Regular

Texas Senate Bill SB1893 Introduced / Bill

Filed 03/12/2021

                    87R1025 MAW-D
 By: Miles S.B. No. 1893


 A BILL TO BE ENTITLED
 AN ACT
 relating to the release on bail of a person charged with a violation
 of parole or mandatory supervision.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Sections 508.254(d) and (e), Government Code,
 are amended to read as follows:
 (d)  A magistrate of the county in which the person is held in
 custody may release the person on bond pending the hearing if:
 (1)  the person is arrested or held in custody:
 (A)  only on a charge that the person committed an
 administrative violation of release and [;
 [(2)] the division, in accordance with Subsection (e),
 included notice on the warrant for the person's arrest that the
 person is eligible for release on bond; or
 (B)  on a charge that the person violated a
 condition of release by committing a new offense punishable as a
 Class C misdemeanor for which the person is eligible for release on
 bond and no other offense; and
 (2) [(3)]  the magistrate determines that the person is
 not a threat to public safety.
 (e)  The division shall include a notice on the warrant for
 the person's arrest indicating that the person is eligible for
 release on bond under Subsection (d)(1)(A) [(d)] if the division
 determines that the person:
 (1)  has not been previously convicted of:
 (A)  an offense under Chapter 29, Penal Code;
 (B)  an offense under Title 5, Penal Code,
 punishable as a felony; or
 (C)  an offense involving family violence, as
 defined by Section 71.004, Family Code;
 (2)  is not on intensive supervision or super-intensive
 supervision;
 (3)  is not an absconder; and
 (4)  is not a threat to public safety.
 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, 2021.