| 1 | 1 | | 88R2982 MCF-D |
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| 2 | 2 | | By: Dutton H.B. No. 948 |
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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 bail of certain persons charged with a |
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| 8 | 8 | | violation of a condition of the person's release from the Texas |
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| 9 | 9 | | Department of Criminal Justice. |
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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. Sections 508.254(d) and (e), Government Code, |
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| 12 | 12 | | are amended to read as follows: |
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| 13 | 13 | | (d) A magistrate of the county in which the person is held in |
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| 14 | 14 | | custody: |
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| 15 | 15 | | (1) shall release the person on personal bond pending |
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| 16 | 16 | | the hearing if: |
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| 17 | 17 | | (A) the person is arrested or held in custody on a |
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| 18 | 18 | | charge that the person violated a condition of release by |
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| 19 | 19 | | committing a new offense; and |
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| 20 | 20 | | (B) the person has been released on bond for that |
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| 21 | 21 | | offense; and |
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| 22 | 22 | | (2) may release the person on bond pending the hearing |
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| 23 | 23 | | if: |
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| 24 | 24 | | (A) [(1)] the person is arrested or held in |
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| 25 | 25 | | custody only on a charge that the person committed an |
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| 26 | 26 | | administrative violation of release; |
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| 27 | 27 | | (B) [(2)] the division, in accordance with |
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| 28 | 28 | | Subsection (e), included notice on the warrant for the person's |
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| 29 | 29 | | arrest that the person is eligible for release on bond; and |
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| 30 | 30 | | (C) [(3)] the magistrate determines that the |
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| 31 | 31 | | person is not a threat to public safety. |
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| 32 | 32 | | (e) The division shall include a notice on the warrant for |
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| 33 | 33 | | the person's arrest indicating that the person is eligible for |
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| 34 | 34 | | release on bond under Subsection (d)(2) [(d)] if the division |
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| 35 | 35 | | determines that the person: |
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| 36 | 36 | | (1) has not been previously convicted of: |
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| 37 | 37 | | (A) an offense under Chapter 29, Penal Code; |
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| 38 | 38 | | (B) an offense under Title 5, Penal Code, |
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| 39 | 39 | | punishable as a felony; or |
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| 40 | 40 | | (C) an offense involving family violence, as |
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| 41 | 41 | | defined by Section 71.004, Family Code; |
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| 42 | 42 | | (2) is not on intensive supervision or super-intensive |
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| 43 | 43 | | supervision; |
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| 44 | 44 | | (3) is not an absconder; and |
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| 45 | 45 | | (4) is not a threat to public safety. |
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| 46 | 46 | | SECTION 2. The change in law made by this Act applies only |
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| 47 | 47 | | to a person who is arrested on or after the effective date of this |
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| 48 | 48 | | Act. A person arrested before the effective date of this Act is |
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| 49 | 49 | | governed by the law in effect on the date the person was arrested, |
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| 50 | 50 | | and the former law is continued in effect for that purpose. |
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| 51 | 51 | | SECTION 3. This Act takes effect September 1, 2023. |
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