Bill Text: TX HB4485 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the release of a defendant arrested for a misdemeanor punishable by fine only.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-05-14 - Referred to Jurisprudence [HB4485 Detail]
Download: Texas-2021-HB4485-Engrossed.html
87R21448 ADM-F | ||
By: Guillen | H.B. No. 4485 |
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relating to the release of a defendant arrested for a misdemeanor | ||
punishable by fine only. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 15.17(b), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(b) After an accused charged with a misdemeanor punishable | ||
by fine only is taken before a magistrate under Subsection (a) and | ||
the magistrate has identified the accused with certainty, the | ||
magistrate may release the accused without bond and order the | ||
accused to appear at a later date for arraignment in the applicable | ||
justice court or municipal court. The order must state in writing | ||
the time, date, and place of the arraignment, and the magistrate | ||
must sign the order. The accused shall receive a copy of the order | ||
on release. If an accused fails to appear as required by the order, | ||
the judge of the court in which the accused is required to appear | ||
shall issue a warrant for the arrest of the accused. If the accused | ||
is arrested and brought before the judge, the judge may admit the | ||
accused to bail, and in admitting the accused to bail, the judge | ||
should set as the amount of bail an amount double that generally set | ||
for the offense for which the accused was arrested. [ |
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SECTION 2. Article 45.016(c), Code of Criminal Procedure, | ||
as added by Chapter 1127 (S.B. 1913), Acts of the 85th Legislature, | ||
Regular Session, 2017, is amended to read as follows: | ||
(c) If before the expiration of a 48-hour period following | ||
the issuance of the applicable order a defendant described by | ||
Subsection (b) remains in custody for a misdemeanor punishable by | ||
fine only and [ |
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bail bond, the justice or judge: | ||
(1) shall reconsider the requirement for the defendant | ||
to give the bail bond and presume that the defendant does not have | ||
sufficient resources or income to give the bond; and | ||
(2) may require the defendant to give a personal bond. | ||
SECTION 3. Article 45.016(c), Code of Criminal Procedure, | ||
as added by Chapter 977 (H.B. 351), Acts of the 85th Legislature, | ||
Regular Session, 2017, is repealed. | ||
SECTION 4. 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 5. This Act takes effect September 1, 2021. |