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.