Bill Text: TX SB1535 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the review and modification of bail for certain defendants.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-16 - Referred to Criminal Justice [SB1535 Detail]
Download: Texas-2023-SB1535-Introduced.html
| 88R6779 MCF-F | ||
| By: West | S.B. No. 1535 | |
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| relating to the review and modification of bail for certain | ||
| defendants. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 17, Code of Criminal Procedure, is | ||
| amended by adding Article 17.029 to read as follows: | ||
| Art. 17.029. BAIL MODIFICATION FOR CERTAIN DEFENDANTS. (a) | ||
| This article applies only with respect to a defendant: | ||
| (1) who, in a county with a population of one million | ||
| or more, is charged with an offense punishable as a Class B | ||
| misdemeanor or any higher category of offense; | ||
| (2) for whom a bail decision under Article 17.028: | ||
| (A) is made by a mayor, recorder, or judge of a | ||
| municipal court; and | ||
| (B) denies the defendant's release on bail or | ||
| sets an amount of monetary bail for the defendant; and | ||
| (3) who, following the bail decision, is transferred | ||
| from a municipal jail to a county jail in the county described by | ||
| Subdivision (1). | ||
| (b) Not later than 48 hours after a defendant described by | ||
| Subsection (a) is transferred to the county jail, a judge of a court | ||
| in that county with jurisdiction over the category of offense | ||
| charged, or any magistrate designated in writing by that judge, | ||
| other than a mayor, recorder, or judge of a municipal court, may | ||
| review and modify the bail decision for the defendant. | ||
| (c) In modifying a bail decision under Subsection (b), the | ||
| judge shall conduct the individualized consideration required by | ||
| Article 17.028(a). | ||
| 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, 2023. | ||
