Bill Text: TX HB362 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the procedure for rearrest and adjustment of the bond amount in certain criminal cases.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Engrossed - Dead) 2017-05-09 - Referred to Criminal Justice [HB362 Detail]
Download: Texas-2017-HB362-Introduced.html
| 85R3556 KJE-F | ||
| By: Moody | H.B. No. 362 | |
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| relating to the procedure for rearrest and adjustment of the bond | ||
| amount in certain criminal cases. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 4, Article 17.09, Code of Criminal | ||
| Procedure, is amended to read as follows: | ||
| Sec. 4. (a) Notwithstanding any other provision of this | ||
| article, the judge or magistrate in whose court a criminal action is | ||
| pending may not order the accused to be rearrested or require the | ||
| accused to give another bond in a higher amount because the accused: | ||
| (1) withdraws a waiver of the right to counsel; [ |
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| (2) requests the assistance of counsel, appointed or | ||
| retained; or | ||
| (3) is formally charged with the same offense for | ||
| which the accused was initially arrested and bond was given, except | ||
| as provided by Subsection (b). | ||
| (b) The judge or magistrate may order the accused to be | ||
| rearrested or require the accused to give another bond in a higher | ||
| amount based on the circumstance described by Subsection (a)(3) | ||
| only after providing notice to each party to the action and, on | ||
| request of any party, an opportunity for a hearing. | ||
| SECTION 2. This Act takes effect September 1, 2017. | ||
