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.