Texas House Bill HB227

Texas 2023 - 88th Regular

• Filed: 11/14/22

Caption

Relating to the authority of corporations to act as sureties on bail bonds.

Impact

The passage of HB 227 would bring significant changes to the bail bond industry in Texas, potentially affecting how bail is structured and the financial obligations of defendants. By allowing corporations to act in this capacity, it may create a more standardized process for bail bonding, but it also raises questions regarding fairness and the impact on defendants who may not be able to afford the 10 percent fee mandated by the bill. The effective date for these changes would be September 1, 2023, allowing for a transition to the new regulations.

Summary

House Bill 227 aims to amend the authority of corporations to act as sureties on bail bonds in the state of Texas. The bill specifies that a bail bond may be executed by a corporation that is authorized to act as a surety, alongside the principal. One of the key changes introduced is that corporations must charge a fee of no less than 10 percent of the total bail amount imposed on a defendant prior to their release. This fee structure aims to establish a clearer financial obligation for defendants utilizing corporate sureties in the bail process.

Sentiment

The sentiment surrounding HB 227 appears to be cautiously optimistic among supporters, who argue that the bill could lead to more structured practices within the bail bond system. However, there are concerns raised by opponents about the potential burden this fee may place on individuals seeking bail, particularly those from lower socioeconomic backgrounds. This aspect introduces a contentious dimension to the discussions surrounding the bill, as it balances regulatory changes with potential impacts on public accessibility to the criminal justice system.

Contention

Notably, discussions have arisen around the implications of introducing a mandatory fee for corporate sureties. Critics worry that imposing a 10 percent fee could create an additional financial barrier for defendants, hence questioning the ethical practices of corporate sureties in relation to public safety and the presumption of innocence. The opposition emphasizes that the bill may disproportionately affect vulnerable populations, leading to a broader debate about bail reform and the role of financial considerations in the judicial process.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 06