By Keel, Hinojosa H.B. No. 512 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the release on bond of certain persons arrested without 1-3 a warrant. 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. RELEASE ON BOND OF CERTAIN PERSONS ARRESTED 1-8 WITHOUT A WARRANT. (a) Except as provided by Subsection (c), a 1-9 person who is arrested without a warrant and who is detained in 1-10 jail must be released on bond, in an amount not to exceed $5,000, 1-11 not later than the 24th hour after the person's arrest if the 1-12 person was arrested for a misdemeanor and a magistrate has not 1-13 determined whether probable cause exists to believe that the person 1-14 committed the offense. If the person is unable to obtain a surety 1-15 for the bond or unable to deposit money in the amount of the bond, 1-16 the person must be released on personal bond. 1-17 (b) Except as provided by Subsection (c), a person who is 1-18 arrested without a warrant and who is detained in jail must be 1-19 released on bond, in an amount not to exceed $10,000, not later 1-20 than the 48th hour after the person's arrest if the person was 1-21 arrested for a felony and a magistrate has not determined whether 1-22 probable cause exists to believe that the person committed the 1-23 offense. If the person is unable to obtain a surety for the bond 1-24 or unable to deposit money in the amount of the bond, the person 2-1 must be released on personal bond. 2-2 (c) On the filing of an application by the attorney 2-3 representing the state, a magistrate may postpone the release of a 2-4 person under Subsection (a) or (b) for not more than 72 hours after 2-5 the person's arrest. An application filed under this subsection 2-6 must state the reason a magistrate has not determined whether 2-7 probable cause exists to believe that the person committed the 2-8 offense for which the person was arrested. 2-9 SECTION 2. The change in law made by this Act applies only 2-10 to a person who is arrested on or after the effective date of this 2-11 Act. A person who is arrested before the effective date of this 2-12 Act is covered by the law in effect at the time of the arrest, and 2-13 the former law is continued in effect for that purpose. 2-14 SECTION 3. This Act takes effect September 1, 2001.