Texas Senate Bill SB1971

Texas 2023 - 88th Regular

• Filed: 3/8/23

Caption

Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.

Impact

If enacted, SB1971 will amend the Civil Practice and Remedies Code by adding Chapter 108A, which establishes a new legal framework around the accountability of judges in the bail process. It is anticipated that the bill could deter judges from granting personal bonds in cases involving violent offenses due to the potential legal ramifications of their decisions. This could lead to more defendants being held in custody prior to trial, potentially impacting the presumption of innocence and the overall judicial process.

Summary

SB1971 aims to impose liability on judges and magistrates for the improper release of defendants on personal bond when those defendants are accused of committing certain violent felony offenses. The bill enables victims, or their estates, to seek damages from the judicial officers responsible for the release if it is determined that they have violated specific provisions regarding personal bonds. The cap on damages that can be awarded in these cases is set at $10 million, which significantly raises the stakes for judicial decisions surrounding personal bond releases.

Sentiment

The discussions surrounding SB1971 appear to reflect a divided sentiment. Proponents argue that the bill will hold judges accountable for their release decisions that can endanger public safety, especially in cases of violent crimes, while opponents may view it as a threat to judicial independence and an infringement on the fair administration of justice. Critics could also express concerns that this bill might lead to an excessive number of individuals being detained pre-trial, which could violate their rights and strain judicial resources.

Contention

Notable points of contention around SB1971 include the implications it poses for judicial discretion and the potential chilling effect it may have on judges in making release decisions. The removal of judicial immunity as a defense in these cases raises concerns about the judicial role and the potential for increased litigation against judges. The bill could spark debates over the balance between public safety and individual rights, as well as concerns about the influence of legal liability in judicial decision-making.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 5. Rule Of Decision
  • Section: New Section