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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain judges in criminal cases to |
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review and modify a bail bond set by a municipal court judge or |
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justice of the peace. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 17, Code of Criminal Procedure, is |
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amended by adding Article 17.0915 to read as follows: |
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Art. 17.0915. REVIEW OF BOND SET BY CERTAIN |
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MAGISTRATES. (a) On the motion of the defendant, the judge of a |
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district court or a county court or statutory county court with |
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criminal jurisdiction may review and modify the defendant's bail |
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bond on the grounds described by Section 3, Article 17.09, but only |
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if the amount and conditions of the original bond were set by a |
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municipal court judge or justice of the peace in the same county. |
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(b) Not later than the seventh day after a motion is filed |
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under Subsection (a), the judge shall conduct a hearing if |
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necessary and rule on the motion. |
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(c) The authority of a judge under this article applies to |
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the bond required of a defendant regardless of whether the |
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defendant remains confined or was released on the bond originally |
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set in the case, except that if the defendant was released on bond, |
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the judge shall require the defendant to give a new bond in the |
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manner described by Section 3, Article 17.09. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |