H.B. No. 799 amends the Code of Criminal Procedure to facilitate the release on personal bond for defendants charged with misdemeanors or state jail felonies. The bill modifies Article 17.03(a) to allow magistrates to release defendants on personal bond without requiring sureties or other security, except as otherwise provided by the chapter. Additionally, it introduces a new Article 17.034, which mandates that a magistrate must release a defendant charged with a misdemeanor or state jail felony on personal bond unless prohibited by law or if the magistrate determines that nonmonetary conditions of release are insufficient to ensure the defendant's court appearance and the safety of the community, law enforcement, and the victim.
The changes in the law will only apply to individuals arrested on or after the effective date of the Act, which is set for September 1, 2025. Those arrested prior to this date will continue to be governed by the existing laws in effect at the time of their arrest.