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.