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