HB 362

85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Positive


Joe Moody

Bill Caption

Relating to the procedure for rearrest and adjustment of the bond amount in certain criminal cases.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

If this bill passes judges and magistrates would be prohibited from ordering a defendant to be taken back into custody, or from giving an increased bond, if the defendant is formally charged with the same offense for which the defendant was originally arrested. However, a judge or magistrate would be able to order the rearrest of a person, or to increase their bond only after providing notice to each party to the action and providing the opportunity for a hearing.

Vote Recommendation Notes

This bill would require a defendant to be notified, and would allow them to request a hearing before being rearrested after being charged for an offense that gave rise to their initial arrest. For this bill’s role in increasing transparency and due process we support this bill for uplifting our commitment to individual liberty and limited government. 

Organizations Supporting

Texas Appleseed
Texas Public Policy Foundation