| 1 | 1 | | 88R7095 MCF-D |
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| 2 | 2 | | By: Jones of Harris H.B. No. 1731 |
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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 the release on personal bond of certain defendants |
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| 8 | 8 | | charged with nonviolent misdemeanors. |
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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. Chapter 17, Code of Criminal Procedure, is |
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| 11 | 11 | | amended by adding Article 17.034 to read as follows: |
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| 12 | 12 | | Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS |
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| 13 | 13 | | CHARGED WITH NONVIOLENT MISDEMEANORS. (a) Notwithstanding Article |
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| 14 | 14 | | 17.03(b), or a bond schedule adopted or a standing order entered by |
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| 15 | 15 | | a judge, a magistrate shall release a defendant on personal bond if |
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| 16 | 16 | | the defendant: |
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| 17 | 17 | | (1) is younger than 26 years of age; |
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| 18 | 18 | | (2) is charged with a misdemeanor other than a |
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| 19 | 19 | | misdemeanor that has as an element the use, attempted use, or |
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| 20 | 20 | | threatened use of force against any person; |
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| 21 | 21 | | (3) is enrolled full-time or part-time at a public or |
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| 22 | 22 | | private institution of higher education, as defined by Article |
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| 23 | 23 | | 62.001; |
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| 24 | 24 | | (4) has not been previously convicted of an offense |
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| 25 | 25 | | involving family violence as defined by Section 71.004, Family |
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| 26 | 26 | | Code; and |
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| 27 | 27 | | (5) is not, and has not previously been, the subject of |
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| 28 | 28 | | a protective order. |
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| 29 | 29 | | (b) The magistrate may require the defendant to comply with |
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| 30 | 30 | | other conditions that are reasonably necessary to ensure the |
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| 31 | 31 | | defendant's appearance in court as required and the safety of the |
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| 32 | 32 | | community, law enforcement, and the victim of the alleged offense. |
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| 33 | 33 | | SECTION 2. The change in law made by this Act applies only |
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| 34 | 34 | | to a person who is arrested on or after the effective date of this |
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| 35 | 35 | | Act. A person arrested before the effective date of this Act is |
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| 36 | 36 | | governed by the law in effect on the date the person was arrested, |
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| 37 | 37 | | and the former law is continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2023. |
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