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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedure for rearrest and adjustment of the bond |
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amount in certain criminal cases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 4, Article 17.09, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 4. (a) Notwithstanding any other provision of this |
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article, the judge or magistrate in whose court a criminal action is |
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pending may not order the accused to be rearrested or require the |
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accused to give another bond in a higher amount because the accused: |
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(1) withdraws a waiver of the right to counsel; [or] |
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(2) requests the assistance of counsel, appointed or |
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retained; or |
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(3) is formally charged with the same offense for |
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which the accused was initially arrested and bond was given, except |
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as provided by Subsection (b). |
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(b) The judge or magistrate may order the accused to be |
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rearrested or require the accused to give another bond in a higher |
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amount based on the circumstance described by Subsection (a)(3) |
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only after providing notice to each party to the action and, on |
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request of any party, an opportunity for a hearing. |
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SECTION 2. This Act takes effect September 1, 2017. |