Bill Text: TX SB9 | 2025-2026 | 89th Legislature | Enrolled

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Bill Title: Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.

Sponsorship: Broadly Bipartisan Bill

Status: (Passed) 2025-06-16 - See remarks for effective date [SB9 Detail]

Download: Texas-2025-SB9-Enrolled.html

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S.B. No. 9

AN ACT
relating to the confinement or release of defendants before trial
or sentencing, including regulating charitable bail organizations,
and the conditions of and procedures for setting bail and reviewing
bail decisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 16, Code of Criminal Procedure, is
amended by adding Article 16.24 to read as follows:
Art. 16.24. REPORTING OF CONDITIONS OF PRETRIAL
INTERVENTION PROGRAM. As soon as practicable but not later than the
10th business day after the date a defendant enters a pretrial
intervention program, the attorney representing the state, or the
attorney's designee who is responsible for monitoring the
defendant's compliance with the conditions of the program, shall
enter information relating to the conditions of the program into
the appropriate database of the statewide law enforcement
information system maintained by the Department of Public Safety or
modify or remove information, as appropriate.
SECTION 2. Article 17.021, Code of Criminal Procedure, is
amended by amending Subsection (b) and adding Subsections (c-1),
(h), (h-1), and (i) to read as follows:
(b) The public safety report system must:
(1) state the requirements for setting bail under
Article 17.15 and list each factor provided by Article 17.15(a);
(2) provide the defendant's name and date of birth or,
if impracticable, other identifying information, the cause number
of the case, if available, and the offense for which the defendant
was arrested;
(3) provide information on the eligibility of the
defendant for a personal bond;
(4) provide information regarding the applicability
of any required or discretionary bond conditions;
(5) provide, in summary form, the criminal history of
the defendant, including information regarding [any]:
(A) previous misdemeanor or felony convictions;
(B) pending charges;
(C) any previous sentences imposing a term of
confinement;
(D) any previous convictions or pending charges
for:
(i) offenses that are offenses involving
violence as defined by Article 17.03; or
(ii) offenses involving violence directed
against a peace officer; [and]
(E) previous failures of the defendant to appear
in court following release on bail;
(F) whether the defendant is currently on
community supervision, parole, or mandatory supervision for an
offense;
(G) whether the defendant is currently released
on bail or participating in a pretrial intervention program and any
conditions of that release or participation;
(H) outstanding warrants for the defendant's
arrest that have been entered into the National Crime Information
Center database or the Texas Crime Information System established
under Section 411.0541, Government Code, including a warrant issued
under Article 42A.751 of this code or Section 508.251, Government
Code; and
(I) any current protective orders, as defined by
Section 72.151, Government Code, for which the defendant is the
subject; and
(6) be designed to collect and maintain the
information provided on a bail form submitted under Section 72.038,
Government Code.
(c-1) On request by an attorney representing the state, the
office shall provide to the attorney access to the public safety
report system for the purpose of allowing the attorney to access a
bail form submitted to the office under Section 72.038, Government
Code.
(h) The public safety report system must be configured to
allow a county or municipality to integrate the jail records
management system and case management systems used by the county
with the public safety report system.
(h-1) The office may provide grants to reimburse counties
and municipalities for costs related to integrating the systems
described by Subsection (h). The office is not required to provide
a grant under this subsection unless the office is appropriated
money for that purpose. This subsection expires August 31, 2027.
(i) The office may modify the public safety report system to
incorporate technological advances to the system's features
regarding notices and to any other processes the office determines
will enhance the system's availability to protect the public.
SECTION 3. Article 17.022, Code of Criminal Procedure, is
amended by adding Subsection (g) to read as follows:
(g) In the manner described by this article, a magistrate
may order, prepare, or consider a public safety report in setting
bail for a defendant who is not in custody at the time the report is
ordered, prepared, or considered.
SECTION 4. The heading to Article 17.027, Code of Criminal
Procedure, is amended to read as follows:
Art. 17.027. RELEASE ON BAIL OF DEFENDANT CHARGED WITH
FELONY OFFENSE [COMMITTED WHILE ON BAIL].
SECTION 5. Article 17.027, Code of Criminal Procedure, is
amended by amending Subsection (a) and adding Subsections (a-1),
(a-2), (a-3), (c), and (d) to read as follows:
(a) Notwithstanding any other law:
(1) if a defendant is taken before a magistrate for
[charged with] committing an offense punishable as a felony while
released on bail [in a pending case] for another offense punishable
as a felony and the subsequent offense was committed in the same
county as the previous offense, the defendant may be released on
bail only by:
(A) the court before whom the case for the
previous offense is pending; or
(B) another court designated in writing by the
court described by Paragraph (A); and
(2) if a defendant is taken before a magistrate for
[charged with] committing an offense punishable as a felony while
released on bail for another [pending] offense punishable as a
felony and the subsequent offense was committed in a different
county than the previous offense, electronic notice of the charge
must be [promptly] given to the individual designated to receive
electronic notices for the county in which the previous offense was
committed, not later than the next business day after the date the
defendant is taken before the magistrate, for purposes of the court
specified by Subdivision (1) [for purposes of reevaluating the bail
decision,] determining whether any bail conditions were
violated[,] or taking any other applicable action such as an action
described by Subsection (a-1).
(a-1) If a defendant is taken before a magistrate for
committing an offense punishable as a felony while released on bail
for another offense punishable as a felony, the court before which
the case for the previous offense is pending shall consider whether
to revoke or modify the terms of the previous bond or to otherwise
reevaluate the previous bail decision.
(a-2) A magistrate appointed under Chapter 54, Government
Code, may not release on bail a defendant who:
(1) is charged with committing an offense punishable
as a felony if the defendant:
(A) was released on bail, parole, or community
supervision for an offense punishable as a felony at the time of the
instant offense;
(B) has previously been finally convicted of two
or more offenses punishable as a felony and for which the defendant
was imprisoned in the Texas Department of Criminal Justice; or
(C) is subject to an immigration detainer issued
by United States Immigration and Customs Enforcement; or
(2) is charged with committing an offense under the
following provisions of the Penal Code:
(A) Section 19.02 (murder);
(B) Section 19.03 (capital murder);
(C) Section 20.04 (aggravated kidnapping); or
(D) Section 22.021 (aggravated sexual assault).
(a-3) An order granting bail signed by a magistrate
appointed under Chapter 54, Government Code, must include the names
of each individual who appointed the magistrate and state that the
magistrate was appointed by those individuals.
(c) The local administrative district judge for each county
shall designate an individual to receive electronic notices under
Subsection (a)(2). The county shall ensure that the name and
contact information of the individual designated to receive notices
under this subsection are included in the public safety report
system developed under Article 17.021.
(d) An individual designated under Subsection (c) who
receives an electronic notice under Subsection (a) shall promptly
provide the notice to the court specified by Subsection (a)(1), to
the district clerk, and to the attorney representing the state and
the defendant's attorney, if known, in the pending case for the
offense for which the defendant was initially released on bail. A
notice provided under this subsection does not constitute an ex
parte communication.
SECTION 6. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.029 to read as follows:
Art. 17.029. REVIEW OF BAIL DECISION. (a) This article
applies only to a bail decision:
(1) regarding a defendant charged with or arrested for
an offense punishable as a felony; and
(2) that was made under Article 17.028 by the
magistrate of a court that does not have jurisdiction to try the
offense with which the defendant is charged.
(b) Notwithstanding any other law, a district judge in any
county in which the offense for which the person was arrested will
be tried or in any county in which the charge for that offense will
be filed has jurisdiction to modify a bail decision to which this
article applies, regardless of whether the defendant has been
previously indicted or an information has been previously filed for
the offense for which the defendant was arrested.
(c) The local administrative judge for each county shall
establish a procedure for the district clerk to notify each
district judge in the county that the district clerk received a
request to review a bail decision under this article.
(d) A district judge must review a bail decision as soon as
practicable but not later than the next business day after the date
a request to review the bail decision is filed with the district
clerk by an attorney representing the state.
(e) A district judge reviewing a bail decision under this
article shall comply with Article 17.09 and shall consider the
facts presented and the rules established by Article 17.15(a) in
setting the defendant's bail.
(f) If a district judge modifies a bail decision under this
article to increase the amount of bail or to require additional
conditions of bail for a defendant who is not in custody, the judge
shall:
(1) issue a summons for the defendant to appear before
the judge; and
(2) give the defendant a reasonable opportunity to
appear before issuing a warrant for the defendant's arrest.
SECTION 7. Articles 17.03(a) and (b-2), Code of Criminal
Procedure, are amended to read as follows:
(a) Except as otherwise provided by this chapter
[Subsection (b) or (b-1)], a magistrate may, in the magistrate's
discretion, release the defendant on personal bond without sureties
or other security.
(b-2) Except as provided by Articles 15.21, 17.032, 17.033,
and 17.151, a defendant may not be released on personal bond if the
defendant:
(1) is charged with:
(A) an offense involving violence; or
(B) an offense under:
(i) Section 19.02(b)(4), Penal Code (murder
as a result of manufacture or delivery of a controlled substance in
Penalty Group 1-B);
(ii) Section 22.07, Penal Code (terroristic
threat), if the offense is punishable as a Class A misdemeanor or
any higher category of offense;
(iii) Section 25.07, Penal Code (violation
of certain court orders or conditions of bond in a family violence,
child abuse or neglect, sexual assault or abuse, indecent assault,
stalking, or trafficking case); or
(iv) Section 46.04(a), Penal Code (unlawful
possession of firearm); or
(2) while released on bail, parole, or community
supervision for an offense involving violence, is charged with
committing:
(A) any offense punishable as a felony; or
(B) an offense under the following provisions of
the Penal Code:
(i) Section 22.01(a)(1) (assault);
(ii) Section 22.05 (deadly conduct); or
(iii) [Section 22.07 (terroristic threat);
or
[(iv)] Section 42.01(a)(7) or (8)
(disorderly conduct involving firearm).
SECTION 8. Articles 17.071(a), (f), (h), and (k), Code of
Criminal Procedure, are amended to read as follows:
(a) In this article:
(1) "Charitable[, "charitable] bail organization"
means a person who accepts and uses donations from the public to
deposit money with a court in the amount of a defendant's bail bond.
The term does not include:
(A) [(1)] a person accepting donations with
respect to a defendant who is a member of the person's family, as
determined under Section 71.003, Family Code; or
(B) [(2)] a nonprofit corporation organized for
a religious purpose.
(2) "Office" means the Office of Court Administration
of the Texas Judicial System.
(f) Not later than the 10th day of each month, a charitable
bail organization shall submit to the office and[,] to the sheriff
of each county in which the organization files an affidavit under
Subsection (e), a report that includes the following information
for each defendant for whom the organization paid a bail bond in the
preceding calendar month:
(1) the name of the defendant;
(2) the cause number of the case;
(3) each charge for which the bond was paid;
(4) the category of offense for each charge for which
the bond was paid;
(5) the amount of the bond paid;
(6) the county in which the applicable charge is
pending, if different from the county in which the bond was paid;
(7) [and
[(4)] any dates on which the defendant has failed to
appear in court as required for the charge for which the bond was
paid; and
(8) whether a bond forfeiture has occurred in
connection with the charge for which the bond was paid.
(h) If the office has reason to believe that a charitable
bail organization may have paid one or more bonds in violation of
this article, the office shall report that information to the
sheriff of the county in which the suspected violation occurred.
The sheriff of that [a] county may suspend a charitable bail
organization from paying bail bonds in the county for a period not
to exceed one year if the sheriff determines the organization has
paid one or more bonds in violation of this article and the
organization has received a warning from the sheriff in the
preceding 12-month period for another payment of bond made in
violation of this article. The sheriff shall report the suspension
to the office [Office of Court Administration of the Texas Judicial
System].
(k) Not later than December 1 of each year, the office
[Office of Court Administration of the Texas Judicial System] shall
prepare and submit, to the governor, lieutenant governor, speaker
of the house of representatives, and presiding officers of the
standing committees of each house of the legislature with primary
jurisdiction over the judiciary, a report regarding the information
submitted to the office under Subsections (f) [(f-1)] and (h) for
the preceding state fiscal year.
SECTION 9. Section 3, Article 17.09, Code of Criminal
Procedure, is amended to read as follows:
Sec. 3. Provided that whenever, during the course of the
action, and regardless of whether the defendant has been previously
released under Article 17.151, the judge or magistrate in whose
court such action is pending finds that the bond is defective,
excessive or insufficient in amount, or that the sureties, if any,
are not acceptable, or for any other good and sufficient cause, such
judge or magistrate may, either in term-time or in vacation, order
the accused to be rearrested, and require the accused to give
another bond in such amount as the judge or magistrate may deem
proper. When such bond is so given and approved, the defendant
shall be released from custody.
SECTION 10. Chapter 17, Code of Criminal Procedure, is
amended by adding Article 17.092 to read as follows:
Art. 17.092. REDUCTION IN AMOUNT OR CONDITIONS OF BOND
PROHIBITED IN CERTAIN CIRCUMSTANCES. A magistrate described by
Articles 2A.151(5)-(14) may not reduce the amount or conditions of
bond set by the judge of a district court, including the judge of a
district court in another county.
SECTION 11. Article 17.21, Code of Criminal Procedure, is
amended to read as follows:
Art. 17.21. BAIL IN FELONY. (a) In cases of felony, when
the accused is in custody of the sheriff or other officer, and the
court before which the prosecution is pending is in session in the
county where the accused is in custody, the court shall fix the
amount of bail, if it is a bailable case and determine if the
accused is eligible for a personal bond; and the sheriff or other
peace officer, unless it be the police of a city, or a jailer
licensed under Chapter 1701, Occupations Code, is authorized to
take a bail bond of the accused in the amount as fixed by the court,
to be approved by such officer taking the same, and will thereupon
discharge the accused from custody. The defendant and the
defendant's sureties are not required to appear in court.
(b) Notwithstanding Subsection (a), before releasing on
bail a defendant charged with an offense punishable as a felony, a
magistrate shall ensure that:
(1) the defendant has appeared before the magistrate;
and
(2) the magistrate has considered the public safety
report prepared under Article 17.022 for the defendant.
SECTION 12. Chapter 27, Code of Criminal Procedure, is
amended by adding Article 27.20 to read as follows:
Art. 27.20. CONFINEMENT BEFORE SENTENCING ON PLEA OF GUILTY
OR NOLO CONTENDERE FOR CERTAIN OFFENSES. If a defendant is adjudged
guilty after entering a plea of guilty or nolo contendere for an
offense listed in Article 42A.054(a) punishable as a felony of the
second degree or any higher category of offense and for which the
defendant is not eligible for community supervision under Article
42A.055 as provided by Article 42A.056, the court shall order that
the defendant be taken into custody and confined until the
defendant is sentenced.
SECTION 13. Article 42.01, Code of Criminal Procedure, is
amended by adding Section 17 to read as follows:
Sec. 17. In addition to the information described by
Section 1, the judgment must reflect affirmative findings entered
pursuant to Article 42.0195.
SECTION 14. Chapter 42, Code of Criminal Procedure, is
amended by adding Article 42.0195 to read as follows:
Art. 42.0195. FINDING REGARDING FAILURE TO APPEAR. In the
disposition of a criminal case involving any offense punishable as
a Class B misdemeanor or any higher category of offense, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment or dismissal order in the case if the judge
determines that the defendant wilfully failed to appear after the
defendant was released from custody for the offense. The
affirmative finding must include the number of times the defendant
failed to appear for the offense.
SECTION 15. Article 44.01, Code of Criminal Procedure, is
amended by amending Subsections (a) and (g) and adding Subsections
(f-1) and (f-2) to read as follows:
(a) The state is entitled to appeal an order of a court in a
criminal case if the order:
(1) dismisses an indictment, information, or
complaint or any portion of an indictment, information, or
complaint;
(2) arrests or modifies a judgment;
(3) grants a new trial;
(4) sustains a claim of former jeopardy;
(5) grants a motion to suppress evidence, a
confession, or an admission, if jeopardy has not attached in the
case and if the prosecuting attorney certifies to the trial court
that the appeal is not taken for the purpose of delay and that the
evidence, confession, or admission is of substantial importance in
the case; [or]
(6) is issued under Chapter 64; or
(7) grants bail, in an amount considered insufficient
by the prosecuting attorney, to a defendant who:
(A) is charged with an offense under any of the
following sections of the Penal Code:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 22.02 (aggravated assault)
if:
(a) the offense was committed under
Subsection (a)(1); or
(b) the defendant used a firearm,
club, knife, or explosive weapon, as those terms are defined by
Section 46.01, Penal Code, during the commission of the assault;
(iv) Section 20.04 (aggravated
kidnapping);
(v) Section 29.03 (aggravated robbery);
(vi) Section 22.021 (aggravated sexual
assault);
(vii) Section 21.11 (indecency with a
child);
(viii) Section 20A.02 (trafficking of
persons); or
(ix) Section 20A.03 (continuous
trafficking of persons); or
(B) is charged with an offense punishable as a
felony and was released on bail for an offense punishable as a
felony at the time the instant offense was committed.
(f-1) In an appeal filed under Subsection (a)(7), a court of
appeals shall:
(1) conduct a de novo review of all issues presented;
(2) expedite the appeal; and
(3) issue an order not later than the 20th day after
the date the appeal is filed.
(f-2) In an appeal filed under Subsection (a)(7), a court of
appeals may:
(1) affirm or modify the bail amount set by the court;
or
(2) reject the bail amount set by the court and remand
the case to the court, with or without guidance, for modification of
the bail amount.
(g) If the state appeals pursuant to this article and the
defendant is on bail, the defendant [he] shall be permitted to
remain at large on the existing bail. If the defendant is in
custody, the defendant [he] is entitled to reasonable bail, as
provided by law, unless the appeal is from an order which would:
(1) terminate the prosecution, in which event the
defendant is entitled to release on personal bond; or
(2) grant bail in an amount considered insufficient by
the prosecuting attorney, in which event the defendant shall be
held in custody during the pendency of the appeal.
SECTION 16. Article 56A.051(a), Code of Criminal Procedure,
is amended to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
criminal justice system:
(1) the right to receive from a law enforcement agency
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the magistrate consider the
safety of the victim or the victim's family in setting the amount of
bail for the defendant;
(3) if requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by the attorney representing the state of
relevant court proceedings, including appellate proceedings, and
to be informed if those proceedings have been canceled or
rescheduled before the event; and
(B) by an appellate court of the court's
decisions, after the decisions are entered but before the decisions
are made public;
(4) when requested, the right to be informed in the
manner provided by Article 56A.0525:
(A) by a peace officer concerning the defendant's
right to bail and the procedures in criminal investigations; and
(B) by the office of the attorney representing
the state concerning:
(i) the general procedures in the criminal
justice system, including general procedures in guilty plea
negotiations and arrangements, restitution, and the appeals and
parole process; and
(ii) whether the defendant has fully
complied with any conditions of the defendant's bail;
(5) the right to provide pertinent information to a
community supervision and corrections department conducting a
presentencing investigation concerning the impact of the offense on
the victim and the victim's family by testimony, written statement,
or any other manner before any sentencing of the defendant;
(6) the right to receive information, in the manner
provided by Article 56A.0525:
(A) regarding compensation to victims of crime as
provided by Chapter 56B, including information related to the costs
that may be compensated under that chapter and the amount of
compensation, eligibility for compensation, and procedures for
application for compensation under that chapter;
(B) for a victim of a sexual assault, regarding
the payment under Subchapter G for a forensic medical examination;
and
(C) when requested, providing a referral to
available social service agencies that may offer additional
assistance;
(7) the right to:
(A) be informed, on request, and in the manner
provided by Article 56A.0525, of parole procedures;
(B) participate in the parole process;
(C) provide to the board for inclusion in the
defendant's file information to be considered by the board before
the parole of any defendant convicted of any offense subject to this
chapter; and
(D) be notified in the manner provided by Article
56A.0525, if requested, of parole proceedings concerning a
defendant in the victim's case and of the defendant's release;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the defendant
and relatives of the defendant, before testifying in any proceeding
concerning the defendant; if a separate waiting area is not
available, other safeguards should be taken to minimize the
victim's contact with the defendant and the defendant's relatives
and witnesses, before and during court proceedings;
(9) the right to the prompt return of any of the
victim's property that is held by a law enforcement agency or the
attorney representing the state as evidence when the property is no
longer required for that purpose;
(10) the right to have the attorney representing the
state notify the victim's employer, if requested, that the victim's
cooperation and testimony is necessary in a proceeding that may
require the victim to be absent from work for good cause;
(11) the right to request victim-offender mediation
coordinated by the victim services division of the department;
(12) the right to be informed, in the manner provided
by Article 56A.0525, of the uses of a victim impact statement and
the statement's purpose in the criminal justice system as described
by Subchapter D, to complete the victim impact statement, and to
have the victim impact statement considered:
(A) by the attorney representing the state and
the judge before sentencing or before a plea bargain agreement is
accepted; and
(B) by the board before a defendant is released
on parole;
(13) for a victim of an assault or sexual assault who
is younger than 17 years of age or whose case involves family
violence, as defined by Section 71.004, Family Code, the right to
have the court consider the impact on the victim of a continuance
requested by the defendant; if requested by the attorney
representing the state or by the defendant's attorney, the court
shall state on the record the reason for granting or denying the
continuance; and
(14) if the offense is a capital felony, the right to:
(A) receive by mail from the court a written
explanation of defense-initiated victim outreach if the court has
authorized expenditures for a defense-initiated victim outreach
specialist;
(B) not be contacted by the victim outreach
specialist unless the victim, guardian, or relative has consented
to the contact by providing a written notice to the court; and
(C) designate a victim service provider to
receive all communications from a victim outreach specialist acting
on behalf of any person.
SECTION 17. Section 72.038, Government Code, is amended by
adding Subsections (b-1) and (c-1) and amending Subsection (c) to
read as follows:
(b-1) A person who, under the authority of a standing order
related to bail, releases on bail a defendant who is charged with an
offense punishable as a Class B misdemeanor or any higher category
of offense shall complete the form required under this section.
(c) The person setting bail, an employee of the court that
set the defendant's bail, or an employee of the county in which the
defendant's bail was set must, on completion of the form required
under this section, promptly but not later than 48 [72] hours after
the time the defendant's bail is set provide the form
electronically to the office through the public safety report
system.
(c-1) The office shall provide to the elected district
attorney in each county an electronic copy of the form submitted to
the office under Subsection (c) for each defendant whose bail is set
in the county for an offense involving violence, as defined by
Article 17.03, Code of Criminal Procedure. An elected district
attorney shall provide an e-mail address to the office for the
purpose of receiving a form as provided by this subsection.
SECTION 18. Section 51A.003(b), Human Resources Code, is
amended to read as follows:
(b) The notice adopted under this section must include the
following in both English and Spanish:
(1) a statement that it is a criminal offense for any
person, including a member of the family or former member of the
family, to cause physical injury or harm to a victim or to engage in
conduct constituting stalking, harassment, or terroristic threat
toward a victim;
(2) a list of agencies and social organizations that
the victim may contact for assistance with safety planning,
shelter, or protection;
(3) contact information for:
(A) the National Domestic Violence Hotline;
(B) victim support services at the Department of
Public Safety; and
(C) the commission's family violence program;
and
(4) information regarding the legal rights of a
victim, including information regarding:
(A) the filing of criminal charges and obtaining
a protective order or a magistrate's order for emergency
protection; [and]
(B) the ability of a tenant who is a victim of
family violence to vacate a dwelling and terminate a residential
lease; and
(C) the ability of the victim to provide
information to the local prosecutor that will be helpful to a
magistrate setting bail if the person committing the offense is
arrested.
SECTION 19. Article 17.071(f-1), Code of Criminal
Procedure, is repealed.
SECTION 20. As soon as practicable but not later than
October 1, 2025, the Texas Supreme Court shall adopt rules
necessary to implement Article 44.01(f-1), Code of Criminal
Procedure, as added by this Act.
SECTION 21. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
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 22. (a) Except as otherwise provided by this
section, this Act takes effect September 1, 2025.
(b) The following provisions, as added by this Act, take
effect January 1, 2026:
(1) Article 16.24, Code of Criminal Procedure;
(2) Articles 17.021(c-1), (h), and (h-1), Code of
Criminal Procedure;
(3) Articles 17.027(c) and (d), Code of Criminal
Procedure; and
(4) Section 72.038(c-1), Government Code.
(c) The following provisions take effect April 1, 2026:
(1) Article 17.021(b), Code of Criminal Procedure, as
amended by this Act;
(2) Article 17.027(a), Code of Criminal Procedure, as
amended by this Act; and
(3) Article 17.027(a-1), Code of Criminal Procedure,
as added by this Act.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 9 passed the Senate on
February 19, 2025, by the following vote: Yeas 28, Nays 2; and
that the Senate concurred in House amendment on May 29, 2025, by the
following vote: Yeas 29, Nays 2.
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Secretary of the Senate
I hereby certify that S.B. No. 9 passed the House, with
amendment, on May 20, 2025, by the following vote: Yeas 118,
Nays 25, three present not voting.
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Chief Clerk of the House
Approved:
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Date
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Governor