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A BILL TO BE ENTITLED
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AN ACT
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relating to the release on bond of certain persons arrested for a |
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misdemeanor without a warrant in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 17.033(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) Except as provided by Subsection (c), a person who is |
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arrested without a warrant and who is detained in jail must be |
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released on bond, in an amount not to exceed $5,000, not later than |
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the 24th hour after the person's arrest, or the 36th hour after the |
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person's arrest in a county with a population of three million or |
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more, if the person was arrested for a misdemeanor and a magistrate |
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has not determined whether probable cause exists to believe that |
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the person committed the offense. If the person is unable to obtain |
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a surety for the bond or unable to deposit money in the amount of the |
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bond, the person must be released on personal bond. |
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SECTION 2. The change in law made by this Act applies only |
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to a person arrested for an offense committed on or after the |
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effective date of this Act. A person arrested for an offense |
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committed before the effective date of this Act is governed by the |
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law in effect on the date the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |