Texas Governor Issues Executive Order Regarding Bail



Governor Abbott Issues Executive Order Regarding Bail

On March 29, 2020, the Governor of the State of Texas Issued an Executive Order regarding bail practices.  The Governor ordered the following on a statewide basis effective immediately:

  • Suspends article 17.03 of the Texas Code of Criminal Procedure and all other relevant statutes and rules relating to persona bonds "to the extent necessary to preclude the release on personal bond, any person previously convicted of a crime that involves physical violence or the threat of physical violence, or any person current arrested for such a crime that is supported by probable cause.
  • Suspends article 17.151 of the Texas Code of Criminal Procedure to the extent necessary to prevent any person's automatic release on personal bond because the State is not ready for trial.
  • Supsends article 15.21 of the Texas Code of Criminal Procedure to the extent necessary to prevent any person's automatic release on personal bond while serving a sentence for a crime that invovles physical violence or the threat of physical violence.  Also, the Executive Order states that no authority should grant the commutation of time for good conduct, industry, and obedience to achieve the release of any person serving time in these categories.  
  • Supsends article 42.035 of the Texas Code of Criminal Procedure regarding use of electronic monitoring rather than being confined in the jail.
  • Suspends sections 418.1015(b) and 418.108 of the Texas Government Code to the extent necessary to preclude any county judge or mayor of municipality from releasing people under circumstances inconsistent with this order.
  • Authorizes the lawful release on an individual basis for health or medical reasons provided that proper notice is given to the district attorney and an opportunity for hearing is given.

A copy of the Executive order may be found by CLICKING HERE.

 

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