Bill Text: TX HB1997 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the release on bail of a defendant arrested following a violation of a condition of community supervision.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-15 - Referred to Criminal Jurisprudence [HB1997 Detail]
Download: Texas-2021-HB1997-Introduced.html
87R1893 MAW-D | ||
By: Canales | H.B. No. 1997 |
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relating to the release on bail of a defendant arrested following a | ||
violation of a condition of community supervision. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 42A.751, Code of Criminal Procedure, is | ||
amended by amending Subsections (c) and (d) and adding Subsection | ||
(c-1) to read as follows: | ||
(c) Without any unnecessary delay, but not later than 48 | ||
hours after the defendant is arrested, the arresting officer or the | ||
person with custody of the defendant shall take the defendant | ||
before the judge who ordered the arrest for the alleged violation of | ||
a condition of community supervision or, if the judge is | ||
unavailable, before a magistrate of the county in which the | ||
defendant was arrested. The judge or magistrate shall perform all | ||
appropriate duties and may exercise all appropriate powers as | ||
provided by Article 15.17 with respect to an arrest for a new | ||
offense. Except as provided by Subsection (c-1), [ |
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only the judge who ordered the arrest for the alleged violation may | ||
authorize the defendant's release on bail. The defendant may be | ||
taken before the judge or magistrate under this subsection by means | ||
of an electronic broadcast system as provided by and subject to the | ||
requirements of Article 15.17. | ||
(c-1) Any magistrate in the county in which a defendant is | ||
arrested for an alleged violation of a condition of community | ||
supervision may release the defendant on bail if: | ||
(1) the defendant is on community supervision for an | ||
offense punishable as a misdemeanor; | ||
(2) the alleged violation of community supervision for | ||
which the arrest is ordered involves only conduct constituting the | ||
commission of a nonviolent offense that is punishable as a | ||
misdemeanor; and | ||
(3) the defendant is arrested in the same county in | ||
which the defendant is under community supervision. | ||
(d) If the defendant has not been released on bail as | ||
permitted under this article [ |
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defendant, the judge who ordered the arrest for the alleged | ||
violation of a condition of community supervision shall cause the | ||
defendant to be brought before the judge for a hearing on the | ||
alleged violation within 20 days of the date the motion is filed. | ||
After a hearing without a jury, the judge may continue, extend, | ||
modify, or revoke the community supervision. | ||
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, 2021. |