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A BILL TO BE ENTITLED
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AN ACT
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relating to a notice and hearing requirement for a change in the |
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bail amount for certain defendants. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 3, Article 17.09, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 3. Provided that whenever, during the course of the |
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action, the judge or magistrate in whose court the [such] action is |
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pending finds that the bond is defective, excessive or insufficient |
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in amount, or that the sureties, if any, are not acceptable, or for |
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any other good and sufficient cause, the [such] judge or magistrate |
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may, [either] in term-time or [in] vacation and in accordance with |
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Article 17.091 if applicable, order the defendant [accused] to be |
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rearrested, and require the defendant [accused] to give another |
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bond in an [such] amount as the judge or magistrate considers [may |
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deem] proper. When the [such] bond is [so] given and approved, the |
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defendant shall be released from custody. |
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SECTION 2. Article 17.091, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 17.091. NOTICE OF CERTAIN BAIL CHANGES [REDUCTIONS] |
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REQUIRED. Before a judge or magistrate makes any change in |
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[reduces] the amount of bail set for a defendant charged with an |
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offense listed in Article 42A.054, an offense described by Article |
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62.001(5), or an offense under Section 20A.03, Penal Code, the |
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judge or magistrate shall provide: |
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(1) to the attorney representing the state and to the |
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defendant or the defendant's counsel, reasonable notice of the |
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proposed change [bail reduction]; and |
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(2) on request of the attorney representing the state |
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or of the defendant or the defendant's counsel, an opportunity for a |
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hearing concerning the proposed change [bail reduction]. |
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SECTION 3. This Act takes effect September 1, 2021. |