| 1 | 1 | | 87R1025 MAW-D |
|---|
| 2 | 2 | | By: Miles S.B. No. 1893 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the release on bail of a person charged with a violation |
|---|
| 8 | 8 | | of parole or mandatory supervision. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Sections 508.254(d) and (e), Government Code, |
|---|
| 11 | 11 | | are amended to read as follows: |
|---|
| 12 | 12 | | (d) A magistrate of the county in which the person is held in |
|---|
| 13 | 13 | | custody may release the person on bond pending the hearing if: |
|---|
| 14 | 14 | | (1) the person is arrested or held in custody: |
|---|
| 15 | 15 | | (A) only on a charge that the person committed an |
|---|
| 16 | 16 | | administrative violation of release and [; |
|---|
| 17 | 17 | | [(2)] the division, in accordance with Subsection (e), |
|---|
| 18 | 18 | | included notice on the warrant for the person's arrest that the |
|---|
| 19 | 19 | | person is eligible for release on bond; or |
|---|
| 20 | 20 | | (B) on a charge that the person violated a |
|---|
| 21 | 21 | | condition of release by committing a new offense punishable as a |
|---|
| 22 | 22 | | Class C misdemeanor for which the person is eligible for release on |
|---|
| 23 | 23 | | bond and no other offense; and |
|---|
| 24 | 24 | | (2) [(3)] the magistrate determines that the person is |
|---|
| 25 | 25 | | not a threat to public safety. |
|---|
| 26 | 26 | | (e) The division shall include a notice on the warrant for |
|---|
| 27 | 27 | | the person's arrest indicating that the person is eligible for |
|---|
| 28 | 28 | | release on bond under Subsection (d)(1)(A) [(d)] if the division |
|---|
| 29 | 29 | | determines that the person: |
|---|
| 30 | 30 | | (1) has not been previously convicted of: |
|---|
| 31 | 31 | | (A) an offense under Chapter 29, Penal Code; |
|---|
| 32 | 32 | | (B) an offense under Title 5, Penal Code, |
|---|
| 33 | 33 | | punishable as a felony; or |
|---|
| 34 | 34 | | (C) an offense involving family violence, as |
|---|
| 35 | 35 | | defined by Section 71.004, Family Code; |
|---|
| 36 | 36 | | (2) is not on intensive supervision or super-intensive |
|---|
| 37 | 37 | | supervision; |
|---|
| 38 | 38 | | (3) is not an absconder; and |
|---|
| 39 | 39 | | (4) is not a threat to public safety. |
|---|
| 40 | 40 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 41 | 41 | | to a person who is arrested on or after the effective date of this |
|---|
| 42 | 42 | | Act. A person arrested before the effective date of this Act is |
|---|
| 43 | 43 | | governed by the law in effect on the date the person was arrested, |
|---|
| 44 | 44 | | and the former law is continued in effect for that purpose. |
|---|
| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2021. |
|---|