| 1 | 1 | | 89R1914 LHC-F |
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| 2 | 2 | | By: Johnson H.B. No. 4592 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to a hearing before bail may be denied for a defendant. |
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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. Chapter 17, Code of Criminal Procedure, is |
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| 12 | 12 | | amended by adding Article 17.029 to read as follows: |
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| 13 | 13 | | Art. 17.029. HEARING REQUIRED BEFORE DENIAL OF BAIL. (a) A |
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| 14 | 14 | | judge or magistrate may not deny a defendant release on bail except |
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| 15 | 15 | | during a hearing at which the defendant is entitled to |
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| 16 | 16 | | representation by counsel. The judge or magistrate shall appoint |
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| 17 | 17 | | counsel to represent the defendant at the hearing if counsel does |
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| 18 | 18 | | not enter an appearance to represent the defendant before the |
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| 19 | 19 | | hearing, unless the defendant voluntarily waives their right to |
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| 20 | 20 | | counsel. A hearing is not required under this article to release a |
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| 21 | 21 | | defendant on bail. |
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| 22 | 22 | | (b) At a reasonable time before the beginning of a hearing |
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| 23 | 23 | | under this article: |
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| 24 | 24 | | (1) the defendant must be given an opportunity to |
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| 25 | 25 | | consult with counsel; and |
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| 26 | 26 | | (2) the defendant's counsel must be given access to all |
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| 27 | 27 | | relevant documents that are accessible to the attorney representing |
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| 28 | 28 | | the state and the judge or magistrate. |
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| 29 | 29 | | (c) The defendant may present any relevant information at a |
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| 30 | 30 | | hearing under this article. |
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| 31 | 31 | | SECTION 2. The change in law made by this Act applies only |
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| 32 | 32 | | to a person who is arrested on or after the effective date of this |
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| 33 | 33 | | Act. A person arrested before the effective date of this Act is |
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| 34 | 34 | | governed by the law in effect on the date the person was arrested, |
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| 35 | 35 | | and the former law is continued in effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect September 1, 2025. |
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