Moody bill requiring personal bond for misdemeanors, state jail felonies

The text as introduced · 279 words

89R2021 LHC-F

By: Moody
H.B. No. 799

A BILL TO BE ENTITLED

AN ACT

relating to the release on personal bond of certain defendants

charged with a misdemeanor or state jail felony.

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

SECTION 1. Article 17.03(a), Code of Criminal Procedure, is

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.

SECTION 2. Chapter 17, Code of Criminal Procedure, is

amended by adding Article 17.034 to read as follows:

Art. 17.034. RELEASE ON PERSONAL BOND OF CERTAIN DEFENDANTS

CHARGED WITH MISDEMEANOR OR STATE JAIL FELONY. Notwithstanding

Article 17.03(b), or a bond schedule adopted or a standing order

entered by a judge, a magistrate shall release a defendant charged

with a misdemeanor or state jail felony on personal bond unless the

release on personal bond is otherwise prohibited by law or the

magistrate makes a finding that no nonmonetary conditions of

release are sufficient to reasonably ensure:

(1) the defendant's appearance in court as required;

and

(2) the safety of the community, law enforcement, and

the victim of the alleged offense.

SECTION 3. 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 4. This Act takes effect September 1, 2025.