| 1 | 1 | | 88R6779 MCF-F |
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| 2 | 2 | | By: West S.B. No. 1535 |
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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 review and modification of bail for certain |
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| 8 | 8 | | defendants. |
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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 17.029 to read as follows: |
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| 12 | 12 | | Art. 17.029. BAIL MODIFICATION FOR CERTAIN DEFENDANTS. (a) |
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| 13 | 13 | | This article applies only with respect to a defendant: |
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| 14 | 14 | | (1) who, in a county with a population of one million |
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| 15 | 15 | | or more, is charged with an offense punishable as a Class B |
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| 16 | 16 | | misdemeanor or any higher category of offense; |
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| 17 | 17 | | (2) for whom a bail decision under Article 17.028: |
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| 18 | 18 | | (A) is made by a mayor, recorder, or judge of a |
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| 19 | 19 | | municipal court; and |
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| 20 | 20 | | (B) denies the defendant's release on bail or |
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| 21 | 21 | | sets an amount of monetary bail for the defendant; and |
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| 22 | 22 | | (3) who, following the bail decision, is transferred |
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| 23 | 23 | | from a municipal jail to a county jail in the county described by |
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| 24 | 24 | | Subdivision (1). |
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| 25 | 25 | | (b) Not later than 48 hours after a defendant described by |
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| 26 | 26 | | Subsection (a) is transferred to the county jail, a judge of a court |
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| 27 | 27 | | in that county with jurisdiction over the category of offense |
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| 28 | 28 | | charged, or any magistrate designated in writing by that judge, |
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| 29 | 29 | | other than a mayor, recorder, or judge of a municipal court, may |
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| 30 | 30 | | review and modify the bail decision for the defendant. |
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| 31 | 31 | | (c) In modifying a bail decision under Subsection (b), the |
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| 32 | 32 | | judge shall conduct the individualized consideration required by |
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| 33 | 33 | | Article 17.028(a). |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies only |
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| 35 | 35 | | to a person who is arrested on or after the effective date of this |
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| 36 | 36 | | Act. A person arrested before the effective date of this Act is |
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| 37 | 37 | | governed by the law in effect on the date the person was arrested, |
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| 38 | 38 | | and the former law is continued in effect for that purpose. |
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| 39 | 39 | | SECTION 3. This Act takes effect September 1, 2023. |
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