| 1 | 1 | | By: Miles S.B. No. 2384 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to criminal defendants bail findings and post hearing |
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| 7 | 7 | | evaluation |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Article 16.22, Code of Criminal Procedure, is |
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| 10 | 10 | | amended by adding Subsection (a)(4) to read as follows: |
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| 11 | 11 | | (4) A defendant may request an evaluation under of |
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| 12 | 12 | | this section. |
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| 13 | 13 | | SECTION 2. Article 15.17, Code of Criminal Procedure, is |
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| 14 | 14 | | amended by adding Subsections (g), (g-1), and (h) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (g) If a magistrate determines that a bond is required to |
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| 17 | 17 | | ensure the defendant's return to court, the magistrate shall make a |
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| 18 | 18 | | written statement regarding the method used to determine the bond |
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| 19 | 19 | | amount. |
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| 20 | 20 | | (g-1) The written statement must include any findings |
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| 21 | 21 | | related to the defendant's financial situation, mental health, or |
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| 22 | 22 | | intellectual and developmental disability. |
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| 23 | 23 | | (h) The magistrate shall notify a defendant and make a good |
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| 24 | 24 | | faith effort to notify the defendant's next of kin of the |
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| 25 | 25 | | defendant's right to appeal based on any newly discovered findings |
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| 26 | 26 | | regarding the defendant's financial situation, mental health, or |
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| 27 | 27 | | intellectual and developmental disability. |
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| 28 | 28 | | SECTION 3. This Act takes effect September 1, 2023. |
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