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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of certain defendants for release on |
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personal bond. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.03, Code of Criminal Procedure, is |
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amended by amending Subsection (a) and adding Subsection (b-1) to |
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read as follows: |
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(a) Except as provided by Subsection (b) or (b-1) [of this
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article], a magistrate may, in the magistrate's discretion, release |
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the defendant on [his] personal bond without sureties or other |
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security. |
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(b-1) Notwithstanding any other law, a magistrate shall |
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release on personal bond a defendant who is charged with a |
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misdemeanor unless the magistrate makes an affirmative finding of |
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fact and files a statement of that affirmative finding with the |
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papers in the case that extenuating circumstances justify not |
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releasing the defendant on personal bond. |
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SECTION 2. The change in law made by this Act applies only |
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to a personal bond that is executed on or after the effective date |
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of this Act. A personal bond executed before the effective date of |
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this Act is governed by the law in effect when the personal bond was |
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executed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |