| 1 | 1 | | 87R2499 ADM-D |
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| 2 | 2 | | By: Gutierrez S.B. No. 990 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a notice and hearing requirement for a change in the |
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| 8 | 8 | | bail amount for certain defendants. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 3, Article 17.09, Code of Criminal |
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| 11 | 11 | | Procedure, is amended to read as follows: |
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| 12 | 12 | | Sec. 3. Provided that whenever, during the course of the |
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| 13 | 13 | | action, the judge or magistrate in whose court the [such] action is |
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| 14 | 14 | | pending finds that the bond is defective, excessive or insufficient |
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| 15 | 15 | | in amount, or that the sureties, if any, are not acceptable, or for |
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| 16 | 16 | | any other good and sufficient cause, the [such] judge or magistrate |
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| 17 | 17 | | may, [either] in term-time or [in] vacation and in accordance with |
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| 18 | 18 | | Article 17.091 if applicable, order the defendant [accused] to be |
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| 19 | 19 | | rearrested, and require the defendant [accused] to give another |
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| 20 | 20 | | bond in an [such] amount as the judge or magistrate considers [may |
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| 21 | 21 | | deem] proper. When the [such] bond is [so] given and approved, the |
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| 22 | 22 | | defendant shall be released from custody. |
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| 23 | 23 | | SECTION 2. Article 17.091, Code of Criminal Procedure, is |
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| 24 | 24 | | amended to read as follows: |
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| 25 | 25 | | Art. 17.091. NOTICE OF CERTAIN BAIL CHANGES [REDUCTIONS] |
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| 26 | 26 | | REQUIRED. Before a judge or magistrate makes any change in |
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| 27 | 27 | | [reduces] the amount of bail set for a defendant charged with an |
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| 28 | 28 | | offense listed in Article 42A.054, an offense described by Article |
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| 29 | 29 | | 62.001(5), or an offense under Section 20A.03, Penal Code, the |
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| 30 | 30 | | judge or magistrate shall provide: |
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| 31 | 31 | | (1) to the attorney representing the state and to the |
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| 32 | 32 | | defendant or the defendant's counsel, reasonable notice of the |
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| 33 | 33 | | proposed change [bail reduction]; and |
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| 34 | 34 | | (2) on request of the attorney representing the state |
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| 35 | 35 | | or of the defendant or the defendant's counsel, an opportunity for a |
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| 36 | 36 | | hearing concerning the proposed change [bail reduction]. |
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| 37 | 37 | | SECTION 3. This Act takes effect September 1, 2021. |
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