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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on bail of a defendant arrested following a |
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violation of a condition of community supervision. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 42A.751, Code of Criminal Procedure, is |
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amended by amending Subsections (c) and (d) and adding Subsection |
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(c-1) to read as follows: |
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(c) Without any unnecessary delay, but not later than 48 |
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hours after the defendant is arrested, the arresting officer or the |
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person with custody of the defendant shall take the defendant |
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before the judge who ordered the arrest for the alleged violation of |
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a condition of community supervision or, if the judge is |
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unavailable, before a magistrate of the county in which the |
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defendant was arrested. The judge or magistrate shall perform all |
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appropriate duties and may exercise all appropriate powers as |
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provided by Article 15.17 with respect to an arrest for a new |
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offense. Except as provided by Subsection (c-1), [except that] |
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only the judge who ordered the arrest for the alleged violation may |
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authorize the defendant's release on bail. The defendant may be |
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taken before the judge or magistrate under this subsection by means |
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of an electronic broadcast system as provided by and subject to the |
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requirements of Article 15.17. |
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(c-1) Any magistrate in the county in which a defendant is |
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arrested for an alleged violation of a condition of community |
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supervision may release the defendant on bail if: |
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(1) the defendant is on community supervision for an |
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offense punishable as a misdemeanor; |
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(2) the alleged violation of community supervision for |
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which the arrest is ordered involves only conduct constituting the |
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commission of a nonviolent offense that is punishable as a |
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misdemeanor; and |
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(3) the defendant is arrested in the same county in |
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which the defendant is under community supervision. |
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(d) If the defendant has not been released on bail as |
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permitted under this article [Subsection (c)], on motion by the |
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defendant, the judge who ordered the arrest for the alleged |
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violation of a condition of community supervision shall cause the |
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defendant to be brought before the judge for a hearing on the |
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alleged violation within 20 days of the date the motion is filed. |
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After a hearing without a jury, the judge may continue, extend, |
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modify, or revoke the community supervision. |
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SECTION 2. The change in law made by this Act applies only |
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to a person who is arrested on or after the effective date of this |
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Act. A person arrested before the effective date of this Act is |
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governed by the law in effect on the date the person was arrested, |
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and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |