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By:  McClendon                                                    H.B. No. 90 



A BILL TO BE ENTITLED

AN ACT

relating to the release on bail of a person arrested for an offense 
under Chapter 49, Penal Code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 17.29, Code of Criminal Procedure, is 
amended to read as follows:
	Art. 17.29.   ACCUSED LIBERATED.  (a)  When the accused has 
given the required bond, either to the magistrate or the officer 
having him in custody, he shall at once be set at liberty, except as 
provided by this article.
	(b)  Before releasing on bail a person arrested for an 
offense under Section 42.072, Penal Code, or a person arrested or 
held without warrant in the prevention of family violence, the law 
enforcement agency holding the person shall make a reasonable 
attempt to give personal notice of the imminent release to the 
victim of the alleged offense or to another person designated by the 
victim to receive the notice.  An attempt by an agency to give 
notice to the victim or the person designated by the victim at the 
victim's or person's last known telephone number or address, as 
shown on the records of the agency, constitutes a reasonable 
attempt to give notice under this subsection.  If possible, the 
arresting officer shall collect the address and telephone number of 
the victim at the time the arrest is made and shall communicate that 
information to the agency holding the person.
	(c)  A law enforcement agency or an employee of a law 
enforcement agency is not liable for damages arising from complying 
or failing to comply with Subsection (b) of this article.
	(d)  In this article, "family violence" has the meaning 
assigned by Section 71.01, Family Code.
	(e)  Before releasing on bail a person arrested for an 
offense under Chapter 49, Penal Code, the law enforcement agency 
holding the person shall make a determination that the person is no 
longer intoxicated as defined by Chapter 49, Penal Code.
	SECTION 2.  This Act takes effect September 1, 2003.