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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of a defendant arrested for a misdemeanor |
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punishable by fine only. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.17(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) After an accused charged with a misdemeanor punishable |
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by fine only is taken before a magistrate under Subsection (a) and |
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the magistrate has identified the accused with certainty, the |
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magistrate may release the accused without bond and order the |
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accused to appear at a later date for arraignment in the applicable |
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justice court or municipal court. The order must state in writing |
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the time, date, and place of the arraignment, and the magistrate |
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must sign the order. The accused shall receive a copy of the order |
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on release. If an accused fails to appear as required by the order, |
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the judge of the court in which the accused is required to appear |
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shall issue a warrant for the arrest of the accused. If the accused |
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is arrested and brought before the judge, the judge may admit the |
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accused to bail, and in admitting the accused to bail, the judge |
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should set as the amount of bail an amount double that generally set |
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for the offense for which the accused was arrested. [This |
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subsection does not apply to an accused who has previously been |
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convicted of a felony or a misdemeanor other than a misdemeanor |
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punishable by fine only.] |
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SECTION 2. Article 45.016(c), Code of Criminal Procedure, |
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as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, |
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Regular Session, 2017, is amended to read as follows: |
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(c) If before the expiration of a 48-hour period following |
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the issuance of the applicable order a defendant described by |
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Subsection (b) remains in custody for a misdemeanor punishable by |
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fine only and [Subsections (b)(1) and (2)] does not give a required |
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bail bond, the justice or judge: |
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(1) shall reconsider the requirement for the defendant |
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to give the bail bond and presume that the defendant does not have |
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sufficient resources or income to give the bond; and |
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(2) may require the defendant to give a personal bond. |
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SECTION 3. Article 45.016(c), Code of Criminal Procedure, |
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as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, |
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Regular Session, 2017, is repealed. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2021. |