Bill Text: TX HB664 | 2017-2018 | 85th Legislature | Engrossed


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: (Engrossed - Dead) 2017-05-10 - Referred to Criminal Justice [HB664 Detail]

Download: Texas-2017-HB664-Engrossed.html
 
 
  By: Canales H.B. No. 664
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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), [except that]
  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 [Subsection (c)], on motion by the
  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, 2017.
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