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AN ACT
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relating to the release on bond of certain persons arrested for a |
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misdemeanor without a warrant in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.033, Code of Criminal Procedure, is |
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amended by adding Subsections (a-1) and (e) and amending |
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Subsections (c) and (d) to read as follows: |
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(a-1) Notwithstanding Subsection (a) and except as provided |
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by Subsection (c), a person who, in a county with a population of |
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three million or more, is arrested without a warrant and who is |
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detained in jail must be released on bond, in an amount not to |
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exceed $5,000, not later than the 36th hour after the person's |
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arrest if the person was arrested for a misdemeanor and a magistrate |
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has not determined whether probable cause exists to believe that |
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the person committed the offense. |
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(c) On the filing of an application by the attorney |
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representing the state, a magistrate may postpone the release of a |
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person under Subsection (a), (a-1), or (b) for not more than 72 |
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hours after the person's arrest. An application filed under this |
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subsection must state the reason a magistrate has not determined |
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whether probable cause exists to believe that the person committed |
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the offense for which the person was arrested. |
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(d) The time limits imposed by Subsections (a), (a-1), and |
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(b) do not apply to a person arrested without a warrant who is taken |
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to a hospital, clinic, or other medical facility before being taken |
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before a magistrate under Article 15.17. For a person described by |
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this subsection, the time limits imposed by Subsections (a), (a-1), |
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and (b) begin to run at the time, as documented in the records of the |
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hospital, clinic, or other medical facility, that a physician or |
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other medical professional releases the person from the hospital, |
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clinic, or other medical facility. |
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(e) Subsection (a-1) and this subsection expire on |
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September 1, 2013. |
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SECTION 2. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.0331 to read as follows: |
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Art. 17.0331. IMPACT STUDY. (a) This article applies only |
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to a county with a population of three million or more. |
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(b) Each county to which this article applies shall conduct |
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an impact study to determine the effect of Article 17.033(a-1) on |
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the county's ability to control and process the county's |
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misdemeanor caseload, including a specific assessment of the effect |
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of that subsection on: |
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(1) the average number of hours a person who is |
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arrested for a misdemeanor is detained in jail before being |
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released on bond; |
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(2) bonding practices, including the number of persons |
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released on personal bond; |
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(3) the inmate population in a county jail and in each |
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municipal jail located in the county; |
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(4) the number of arrests for misdemeanor offenses; |
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(5) public safety; |
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(6) costs to the criminal justice system; and |
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(7) the number of applications filed by the attorney |
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representing the state under Article 17.033(c). |
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(c) The county shall also determine whether a more |
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cost-effective method of controlling and processing misdemeanor |
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caseloads exists than an extension of the period for which a person |
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may be detained after a misdemeanor arrest. |
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(d) Not later than October 15, 2012, the county must file |
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the impact study with: |
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(1) the commissioners court of the county; |
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(2) the Senate Committee on Criminal Justice; |
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(3) the Senate Committee on Jurisprudence; and |
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(4) the House Criminal Jurisprudence Committee. |
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(e) The county shall make the results of the impact study |
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available to the public. |
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(f) This article expires on September 1, 2013. |
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SECTION 3. The change in law made by this Act in amending |
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Article 17.033, Code of Criminal Procedure, applies only to a |
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person arrested for an offense committed on or after the effective |
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date of this Act. A person arrested for an offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1173 was passed by the House on April |
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7, 2011, by the following vote: Yeas 143, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1173 on May 27, 2011, by the following vote: Yeas 136, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1173 was passed by the Senate, with |
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amendments, on May 23, 2011, by the following vote: Yeas 22, Nays |
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9. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |