By Keel                                                H.B. No. 512
         77R11 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the release on personal bond of certain persons
 1-3     arrested without 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 amended
 1-6     by adding Article 17.033 to read as follows:
 1-7           Art. 17.033.  RELEASE ON PERSONAL BOND OF CERTAIN PERSONS
 1-8     ARRESTED WITHOUT A WARRANT. (a)  Except as provided by Subsection
 1-9     (b), a person who is arrested without a warrant and who is detained
1-10     in jail must be released on:
1-11                 (1)  $5,000 personal bond not later than the 24th hour
1-12     after the person's arrest if:
1-13                       (A)  the person was arrested for a misdemeanor;
1-14     and
1-15                       (B)  a magistrate has not determined whether
1-16     probable cause exists to believe that the person committed the
1-17     offense; or
1-18                 (2)  $10,000 personal bond not later than the 48th hour
1-19     after the person's arrest if:
1-20                       (A)  the person was arrested for a felony; and
1-21                       (B)  a magistrate has not determined whether
1-22     probable cause exists to believe that the person committed the
1-23     offense.
1-24           (b)  On the filing of an application by the attorney
 2-1     representing the state, a magistrate may postpone the release of a
 2-2     person under Subsection (a) for not more than 72 hours after the
 2-3     person's arrest.  An application filed under this subsection must
 2-4     state the reason a magistrate has not determined whether probable
 2-5     cause exists to believe that the person committed the offense for
 2-6     which the person was arrested.
 2-7           SECTION 2. The change in law made by this Act applies only to
 2-8     a person who is arrested on or after the effective date of this
 2-9     Act.  A person who is arrested before the effective date of this
2-10     Act is covered by the law in effect at the time of the arrest, and
2-11     the former law is continued in effect for that purpose.
2-12           SECTION 3. This Act takes effect September 1, 2001.