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A BILL TO BE ENTITLED
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AN ACT
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relating to a hearing before bail may be denied for a defendant. |
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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 17.029 to read as follows: |
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Art. 17.029. HEARING REQUIRED BEFORE DENIAL OF BAIL. (a) A |
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judge or magistrate may not deny a defendant release on bail except |
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during a hearing at which the defendant is entitled to |
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representation by counsel. The judge or magistrate shall appoint |
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counsel to represent the defendant at the hearing if counsel does |
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not enter an appearance to represent the defendant before the |
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hearing, unless the defendant voluntarily waives their right to |
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counsel. A hearing is not required under this article to release a |
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defendant on bail. |
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(b) At a reasonable time before the beginning of a hearing |
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under this article: |
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(1) the defendant must be given an opportunity to |
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consult with counsel; and |
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(2) the defendant's counsel must be given access to all |
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relevant documents that are accessible to the attorney representing |
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the state and the judge or magistrate. |
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(c) The defendant may present any relevant information at a |
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hearing under this article. |
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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, 2025. |