77R11361 E                           
         By Keel, Hinojosa                                      H.B. No. 512
         Substitute the following for H.B. No. 512:
         By Talton                                          C.S.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 court shall release the person 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 court
 2-1     shall release the person 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.