| 1 | 1 | | 89R2021 LHC-F |
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| 2 | 2 | | By: Moody H.B. No. 799 |
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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 the release on personal bond of certain defendants |
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| 10 | 10 | | charged with a misdemeanor or state jail felony. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Article 17.03(a), Code of Criminal Procedure, is |
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| 13 | 13 | | amended to read as follows: |
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| 14 | 14 | | (a) Except as otherwise provided by this chapter |
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| 15 | 15 | | [Subsection (b) or (b-1)], a magistrate may, in the magistrate's |
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| 16 | 16 | | discretion, release the defendant on personal bond without sureties |
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| 17 | 17 | | or other security. |
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| 18 | 18 | | SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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| 19 | 19 | | amended by adding Article 17.034 to read as follows: |
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| 20 | 20 | | Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS |
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| 21 | 21 | | CHARGED WITH MISDEMEANOR OR STATE JAIL FELONY. Notwithstanding |
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| 22 | 22 | | Article 17.03(b), or a bond schedule adopted or a standing order |
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| 23 | 23 | | entered by a judge, a magistrate shall release a defendant charged |
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| 24 | 24 | | with a misdemeanor or state jail felony on personal bond unless the |
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| 25 | 25 | | release on personal bond is otherwise prohibited by law or the |
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| 26 | 26 | | magistrate makes a finding that no nonmonetary conditions of |
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| 27 | 27 | | release are sufficient to reasonably ensure: |
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| 28 | 28 | | (1) the defendant's appearance in court as required; |
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| 29 | 29 | | and |
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| 30 | 30 | | (2) the safety of the community, law enforcement, and |
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| 31 | 31 | | the victim of the alleged offense. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act applies only |
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| 33 | 33 | | to a person who is arrested on or after the effective date of this |
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| 34 | 34 | | Act. A person arrested before the effective date of this Act is |
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| 35 | 35 | | governed by the law in effect on the date the person was arrested, |
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| 36 | 36 | | and the former law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2025. |
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