88R8002 MCF-D
By: Manuel H.B. No. 2096
A BILL TO BE ENTITLED
AN ACT
relating to the release on personal bond of certain defendants
charged with, or released on bail or community supervision for,
certain family violence misdemeanors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 17.03(b-2), Code of Criminal Procedure,
is amended to read as follows:
(b-2) Except as provided by Articles 15.21, 17.033, and
17.151, a defendant may not be released on personal bond if the
defendant:
(1) is charged with:
(A) an offense involving violence; or
(B) an offense under Section 22.01(a)(1), Penal
Code, punishable as a Class A misdemeanor and involving family
violence as defined by Section 71.004, Family Code; or
(2) while released on bail or community supervision
for an offense described by Subdivision (1) [involving violence],
is charged with committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct);
(iii) Section 22.07 (terroristic threat);
or
(iv) Section 42.01(a)(7) or (8) (disorderly
conduct involving firearm).
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.