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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 certain persons charged with a |
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violation of a condition of the person's release from the Texas |
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Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 508.254(d) and (e), Government Code, |
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are amended to read as follows: |
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(d) A magistrate of the county in which the person is held in |
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custody: |
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(1) shall release the person on personal bond pending |
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the hearing if: |
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(A) the person is arrested or held in custody on a |
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charge that the person violated a condition of release by |
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committing a new offense; and |
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(B) the person has been released on bond for that |
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offense; and |
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(2) may release the person on bond pending the hearing |
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if: |
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(A) [(1)] the person is arrested or held in |
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custody only on a charge that the person committed an |
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administrative violation of release; |
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(B) [(2)] the division, in accordance with |
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Subsection (e), included notice on the warrant for the person's |
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arrest that the person is eligible for release on bond; and |
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(C) [(3)] the magistrate determines that the |
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person is not a threat to public safety. |
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(e) The division shall include a notice on the warrant for |
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the person's arrest indicating that the person is eligible for |
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release on bond under Subsection (d)(2) [(d)] if the division |
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determines that the person: |
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(1) has not been previously convicted of: |
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(A) an offense under Chapter 29, Penal Code; |
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(B) an offense under Title 5, Penal Code, |
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punishable as a felony; or |
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(C) an offense involving family violence, as |
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defined by Section 71.004, Family Code; |
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(2) is not on intensive supervision or super-intensive |
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supervision; |
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(3) is not an absconder; and |
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(4) is not a threat to public safety. |
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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, 2023. |