Bill Text: TX HB3283 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the release of certain defendants on bail.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2019-05-03 - Committee report sent to Calendars [HB3283 Detail]
Download: Texas-2019-HB3283-Comm_Sub.html
| 86R4479 ADM-D | ||
| By: White, Bernal, Collier | H.B. No. 3283 | |
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| relating to the release of certain defendants on bail. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.1501 to read as follows: | ||
| Art. 17.1501. BAIL SCHEDULE; RELEASE OF DEFENDANT. (a) The | ||
| judges of the courts trying criminal cases in a county may | ||
| promulgate a standing order setting out a schedule of suggested | ||
| bail amounts for any offense over which the courts have | ||
| jurisdiction under Chapter 4. | ||
| (b) A defendant who is charged with an offense for which a | ||
| bail schedule has been established under Subsection (a) may waive | ||
| the defendant's right to appear before a magistrate under Article | ||
| 15.17 and be released from custody on giving bail in the amount | ||
| required by the schedule. | ||
| (c) A defendant who is unable to give bail in the amount | ||
| required by the schedule may file with the applicable magistrate a | ||
| sworn affidavit declaring the maximum amount that the defendant | ||
| would be able to pay or provide as security within 24 hours of | ||
| arrest for purposes of obtaining a bail bond. The affidavit must | ||
| set out sufficient facts to clearly establish that amount, given | ||
| the totality of the defendant's circumstances. | ||
| (d) A defendant who files an affidavit under Subsection (c) | ||
| is entitled to a hearing before the magistrate on the bail amount. | ||
| The hearing must be held not later than 48 hours after the charges | ||
| were filed against the defendant or 48 hours after the defendant was | ||
| arrested, whichever is later. At the hearing, the magistrate shall | ||
| consider the facts stated in the affidavit and the rules | ||
| established by Article 17.15 and set the defendant's bail. The | ||
| magistrate shall issue oral or written findings of fact supporting | ||
| the decision. | ||
| (e) A defendant who has not given bail before the fourth | ||
| business day after the date bail is set under this article shall be | ||
| taken before the court before whom the case is pending for a hearing | ||
| to reconsider the bail amount. At a hearing under this subsection, | ||
| the court may adjust the bail, keep the bail as previously set, or | ||
| impose any additional conditions of release on bond the court | ||
| considers necessary. | ||
| SECTION 2. The change in law made by this Act applies only | ||
| to a person who is arrested on or after the effective date of this | ||
| Act. A person arrested before the effective date of this Act is | ||
| governed by the law in effect on the date the person was arrested, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
