Bill Text: TX HB1173 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the release on bond of certain persons arrested for a misdemeanor without a warrant in certain counties.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [HB1173 Detail]

Download: Texas-2011-HB1173-Comm_Sub.html
 
 
  By: Riddle (Senate Sponsor - Huffman) H.B. No. 1173
         (In the Senate - Received from the House April 11, 2011;
  April 20, 2011, read first time and referred to Committee on
  Criminal Justice; May 19, 2011, reported favorably by the
  following vote:  Yeas 6, Nays 1; May 19, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the release on bond of certain persons arrested for a
  misdemeanor without a warrant in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 17.033(a), Code of Criminal Procedure,
  is amended to read as follows:
         (a)  Except as provided by Subsection (c), a person who is
  arrested without a warrant and who is detained in jail must be
  released on bond, in an amount not to exceed $5,000, not later than
  the 24th hour after the person's arrest, or the 36th hour after the
  person's arrest in a county with a population of three million or
  more, if the person was arrested for a misdemeanor and a magistrate
  has not determined whether probable cause exists to believe that
  the person committed the offense. If the person is unable to obtain
  a surety for the bond or unable to deposit money in the amount of the
  bond, the person must be released on personal bond.
         SECTION 2.  The change in law made by this Act applies only
  to a person arrested for an offense committed on or after the
  effective date of this Act. A person arrested for an offense
  committed before the effective date of this Act is governed by the
  law in effect on the date the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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