88R2982 MCF-D
 
  By: Dutton H.B. No. 948
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the release on bail of certain persons charged with a
  violation of a condition of the person's release from the Texas
  Department of Criminal Justice.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 508.254(d) and (e), Government Code,
  are amended to read as follows:
         (d)  A magistrate of the county in which the person is held in
  custody:
               (1)  shall release the person on personal bond pending
  the hearing if:
                     (A)  the person is arrested or held in custody on a
  charge that the person violated a condition of release by
  committing a new offense; and
                     (B)  the person has been released on bond for that
  offense; and
               (2)  may release the person on bond pending the hearing
  if:
                     (A) [(1)]  the person is arrested or held in
  custody only on a charge that the person committed an
  administrative violation of release;
                     (B) [(2)]  the division, in accordance with
  Subsection (e), included notice on the warrant for the person's
  arrest that the person is eligible for release on bond; and
                     (C) [(3)]  the magistrate determines that the
  person is not a threat to public safety.
         (e)  The division shall include a notice on the warrant for
  the person's arrest indicating that the person is eligible for
  release on bond under Subsection (d)(2) [(d)] if the division
  determines that the person:
               (1)  has not been previously convicted of:
                     (A)  an offense under Chapter 29, Penal Code;
                     (B)  an offense under Title 5, Penal Code,
  punishable as a felony; or
                     (C)  an offense involving family violence, as
  defined by Section 71.004, Family Code;
               (2)  is not on intensive supervision or super-intensive
  supervision;
               (3)  is not an absconder; and
               (4)  is not a threat to public safety.
         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, 2023.