88R7095 MCF-D
By: Jones of Harris H.B. No. 1731
A BILL TO BE ENTITLED
AN ACT
relating to the release on personal bond of certain defendants
charged with nonviolent misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.034 to read as follows:
Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS
CHARGED WITH NONVIOLENT MISDEMEANORS. (a) Notwithstanding Article
17.03(b), or a bond schedule adopted or a standing order entered by
a judge, a magistrate shall release a defendant on personal bond if
the defendant:
(1) is younger than 26 years of age;
(2) is charged with a misdemeanor other than a
misdemeanor that has as an element the use, attempted use, or
threatened use of force against any person;
(3) is enrolled full-time or part-time at a public or
private institution of higher education, as defined by Article
62.001;
(4) has not been previously convicted of an offense
involving family violence as defined by Section 71.004, Family
Code; and
(5) is not, and has not previously been, the subject of
a protective order.
(b) The magistrate may require the defendant to comply with
other conditions that are reasonably necessary to ensure the
defendant's appearance in court as required and the safety of the
community, law enforcement, and the victim of the alleged offense.
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, 2023.