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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain defendants on bail. |
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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 17.1501 to read as follows: |
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Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The |
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judges of the courts trying criminal cases in a county may |
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promulgate a standing order setting out a schedule of suggested |
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bail amounts for any offense over which the courts have |
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jurisdiction under Chapter 4. |
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(b) A defendant who is charged with an offense for which a |
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bail schedule has been established under Subsection (a) may waive |
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the defendant's right to appear before a magistrate under Article |
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15.17 and be released from custody on giving bail in the amount |
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required by the schedule. |
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(c) A defendant who is unable to give bail in the amount |
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required by the schedule may file with the applicable magistrate a |
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sworn affidavit declaring the maximum amount that the defendant |
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would be able to pay or provide as security within 24 hours of |
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arrest for purposes of obtaining a bail bond. The affidavit must |
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set out sufficient facts to clearly establish that amount, given |
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the totality of the defendant's circumstances. |
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(d) A defendant who files an affidavit under Subsection (c) |
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is entitled to a hearing before the magistrate on the bail amount. |
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The hearing must be held not later than 48 hours after the charges |
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were filed against the defendant or 48 hours after the defendant was |
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arrested, whichever is later. At the hearing, the magistrate shall |
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consider the facts stated in the affidavit and the rules |
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established by Article 17.15 and set the defendant's bail. The |
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magistrate shall issue oral or written findings of fact supporting |
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the decision. |
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(e) A defendant who has not given bail before the fourth |
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business day after the date bail is set under this article shall be |
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taken before the court before whom the case is pending for a hearing |
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to reconsider the bail amount. At a hearing under this subsection, |
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the court may adjust the bail, keep the bail as previously set, or |
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impose any additional conditions of release on bond the court |
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considers necessary. |
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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, 2019. |