89R1914 LHC-F
By: Johnson H.B. No. 4592
A BILL TO BE ENTITLED
AN ACT
relating to a hearing before bail may be denied for a defendant.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.029 to read as follows:
Art. 17.029. HEARING REQUIRED BEFORE DENIAL OF BAIL. (a) A
judge or magistrate may not deny a defendant release on bail except
during a hearing at which the defendant is entitled to
representation by counsel. The judge or magistrate shall appoint
counsel to represent the defendant at the hearing if counsel does
not enter an appearance to represent the defendant before the
hearing, unless the defendant voluntarily waives their right to
counsel. A hearing is not required under this article to release a
defendant on bail.
(b) At a reasonable time before the beginning of a hearing
under this article:
(1) the defendant must be given an opportunity to
consult with counsel; and
(2) the defendant's counsel must be given access to all
relevant documents that are accessible to the attorney representing
the state and the judge or magistrate.
(c) The defendant may present any relevant information at a
hearing under this article.
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, 2025.