Relating to the release on bail of a defendant charged with stalking or an offense involving family violence.
Impact
If enacted, HB 3035 is poised to significantly influence the handling of bail for certain violent offenses in Texas. By enforcing minimum bail amounts, the bill seeks to prevent repeat offenses and provide greater protection for victims of family violence and stalking. This shift in legal standards aims to enhance community safety by ensuring that individuals charged with serious offenses are not easily released back into the public without a substantial financial commitment. Furthermore, the bill aims to align the bail system more closely with the gravity of these offenses, reflecting the state's serious stance on family violence and stalking.
Summary
House Bill 3035 aims to amend the Code of Criminal Procedure concerning the release on bail for defendants charged with stalking or offenses involving family violence. The bill proposes setting a minimum bail amount, establishing that a defendant charged with these specific offenses cannot be released on a personal bond. Instead, the legislation mandates that the minimum bail amount for these defendants will be $20,000, increasing to $50,000 for those with one previous conviction and $100,000 for those with two or more prior convictions for similar offenses. The legislation is set to take effect on December 1, 2023, contingent upon voter approval of a constitutional amendment authorizing these changes.
Sentiment
The sentiment surrounding HB 3035 appears to be mixed, with proponents advocating for the bill as a necessary step toward protecting victims and addressing the issues associated with domestic violence and stalking. They argue that the proposed bail amounts would deter offenders and show a stronger commitment to victim safety. However, there is also apprehension regarding potential challenges to the bill's constitutionality and its implications for due process rights. Critics might view the mandated bail amounts as excessive or as hindering the ability of some defendants to secure release while awaiting trial.
Contention
A notable point of contention regarding HB 3035 is its reliance on a constitutional amendment to effectuate the changes it proposes. The bill's full implementation depends on voter approval for the amendment to set minimum bail amounts, raising questions about its future. Additionally, discussions about the balance between public safety and individual rights may surface, particularly among legal advocates concerned about the ramifications of such a bill on the presumptions of innocence until proven guilty. The debate reflects a broader concern regarding the criminal justice system's approach to bail and pretrial not only for violent offenses but for defendants in general.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 17. Bail
Section: New Section
Penal Code
Chapter 42. Disorderly Conduct And Related Offenses
Enabling for
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.
TX HJR133
Enabling for
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.
Relating to the release on personal bond of certain defendants charged with, or released on bail or community supervision for, certain family violence misdemeanors.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the notice provided by peace officers to adult victims of family violence.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.
Relating to rights of a victim, guardian of a victim, or close relative of a deceased victim in certain criminal cases involving family violence, sexual or assaultive offenses, stalking, or a violation of a protective order or condition of bond.
Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.
Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.