1 | 1 | | 88R8002 MCF-D |
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2 | 2 | | By: Manuel H.B. No. 2096 |
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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, or released on bail or community supervision for, |
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9 | 9 | | certain family violence misdemeanors. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Article 17.03(b-2), Code of Criminal Procedure, |
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12 | 12 | | is amended to read as follows: |
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13 | 13 | | (b-2) Except as provided by Articles 15.21, 17.033, and |
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14 | 14 | | 17.151, a defendant may not be released on personal bond if the |
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15 | 15 | | defendant: |
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16 | 16 | | (1) is charged with: |
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17 | 17 | | (A) an offense involving violence; or |
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18 | 18 | | (B) an offense under Section 22.01(a)(1), Penal |
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19 | 19 | | Code, punishable as a Class A misdemeanor and involving family |
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20 | 20 | | violence as defined by Section 71.004, Family Code; or |
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21 | 21 | | (2) while released on bail or community supervision |
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22 | 22 | | for an offense described by Subdivision (1) [involving violence], |
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23 | 23 | | is charged with committing: |
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24 | 24 | | (A) any offense punishable as a felony; or |
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25 | 25 | | (B) an offense under the following provisions of |
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26 | 26 | | the Penal Code: |
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27 | 27 | | (i) Section 22.01(a)(1) (assault); |
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28 | 28 | | (ii) Section 22.05 (deadly conduct); |
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29 | 29 | | (iii) Section 22.07 (terroristic threat); |
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30 | 30 | | or |
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31 | 31 | | (iv) Section 42.01(a)(7) or (8) (disorderly |
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32 | 32 | | conduct involving firearm). |
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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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