By Ratliff S.B. No. 1806
75R9326 JSA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the procedures for release of a criminal defendant on
1-3 personal bond.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 17, Code of Criminal Procedure, is
1-6 amended by adding Article 17.033 to read as follows:
1-7 Art. 17.033. RESTRICTIONS ON RELEASE ON PERSONAL BOND. (a)
1-8 A person accused of an offense other than a misdemeanor punishable
1-9 by fine only who is detained in a county or municipal detention
1-10 facility may be released on personal bond only:
1-11 (1) by an elected judge or magistrate, if there is at
1-12 least one elected judge or magistrate serving in the county, except
1-13 that any other judge or magistrate may release the defendant on
1-14 personal bond if that judge or magistrate determines that an
1-15 elected judge or magistrate will not be available to consider the
1-16 person's release on personal bond within the next 24 hours; and
1-17 (2) after the accused appears in person for
1-18 examination before the judge or magistrate.
1-19 (b) If there is a personal bond office in the county, a
1-20 judge or magistrate may not release a defendant under Subsection
1-21 (a) until the personal bond office has prepared a report on the
1-22 defendant under Section 1, Article 17.42, and delivered a copy of
1-23 the report to the judge or magistrate.
1-24 SECTION 2. This Act takes effect September 1, 1997.
2-1 SECTION 3. The importance of this legislation and the
2-2 crowded condition of the calendars in both houses create an
2-3 emergency and an imperative public necessity that the
2-4 constitutional rule requiring bills to be read on three several
2-5 days in each house be suspended, and this rule is hereby suspended.