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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on personal bond of certain defendants |
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charged with nonviolent misdemeanors. |
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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 17.034 to read as follows: |
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Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS |
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CHARGED WITH NONVIOLENT MISDEMEANORS. (a) Notwithstanding Article |
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17.03(b), or a bond schedule adopted or a standing order entered by |
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a judge, a magistrate shall release a defendant on personal bond if |
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the defendant: |
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(1) is younger than 26 years of age; |
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(2) is charged with a misdemeanor other than a |
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misdemeanor that has as an element the use, attempted use, or |
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threatened use of force against any person; |
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(3) is enrolled full-time or part-time at a public or |
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private institution of higher education, as defined by Article |
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62.001; |
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(4) has not been previously convicted of an offense |
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involving family violence as defined by Section 71.004, Family |
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Code; and |
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(5) is not, and has not previously been, the subject of |
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a protective order. |
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(b) The magistrate may require the defendant to comply with |
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other conditions that are reasonably necessary to ensure the |
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defendant's appearance in court as required and the safety of the |
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community, law enforcement, and the victim of the alleged offense. |
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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. |