bill requiring a hearing before bail is denied

The text as introduced · 279 words

89R1914 LHC-F

By: Johnson
H.B. No. 4592

A BILL TO BE ENTITLED

AN ACT

relating to a hearing before bail may be denied for a defendant.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 17, Code of Criminal Procedure, is

amended by adding Article 17.029 to read as follows:

Art. 17.029. HEARING REQUIRED BEFORE DENIAL OF BAIL. (a) A

judge or magistrate may not deny a defendant release on bail except

during a hearing at which the defendant is entitled to

representation by counsel. The judge or magistrate shall appoint

counsel to represent the defendant at the hearing if counsel does

not enter an appearance to represent the defendant before the

hearing, unless the defendant voluntarily waives their right to

counsel. A hearing is not required under this article to release a

defendant on bail.

(b) At a reasonable time before the beginning of a hearing

under this article:

(1) the defendant must be given an opportunity to

consult with counsel; and

(2) the defendant's counsel must be given access to all

relevant documents that are accessible to the attorney representing

the state and the judge or magistrate.

(c) The defendant may present any relevant information at a

hearing under this article.

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, 2025.