Texas 2021 - 87th Regular

Texas House Bill HB4145

Caption

Relating to criminal justice.

Impact

The legislation significantly impacts the Code of Criminal Procedure by modifying sections related to bail, particularly Articles 17.03 and 17.033. It mandates prompt release conditions for arrested individuals, especially in misdemeanor cases, which is expected to promote quicker pretrial releases and diminish the burden of pretrial detention on individuals who pose no threat to public safety. Additionally, it requires law enforcement agencies to implement policies to prevent racial profiling and restricts the circumstances under which police can prolong traffic stops or conduct searches, which may lead to fairer treatment of individuals during stops.

Summary

House Bill 4145, related to criminal justice in Texas, aims to reform several aspects of the state's criminal procedures, focusing primarily on bail practices, law enforcement conduct during traffic stops, and the establishment of citizen oversight boards. This legislation emphasizes the conditions under which a defendant can be released on personal bond, clarifying that a magistrate must release defendants who are not accused of violent offenses unless justified otherwise. The amendments intend to streamline bail processes and prevent unnecessary jail stays, potentially reducing the jail population for non-violent offenders.

Contention

While proponents of HB 4145 argue that these reforms are essential for promoting justice and reducing over-policing, critics express concerns that the changes may inadvertently allow some offenders to evade accountability. Notably, elements of the bill that address racial profiling and police oversight are seen as critical responses to nationwide calls for police reform, yet there are ongoing debates about implementation efficacy and potential pushback from law enforcement agencies regarding the altered policies. As the bill progresses, discussions around its implications for community-police relations and public safety are likely to intensify.

Companion Bills

TX SB1775

Same As Relating to criminal justice.

Previously Filed As

TX HB3400

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.

TX SB1318

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.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB4517

Relating to the release of certain defendants on personal bond.

TX HB2043

Relating to a criminal justice system pretrial and sentencing database established by the Office of Court Administration of the Texas Judicial System.

TX SB875

Relating to a criminal justice system pretrial and sentencing database established by the Office of Court Administration of the Texas Judicial System.

TX HB3758

Relating to repealing civil asset forfeiture provisions and establishing criminal asset forfeiture in this state.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB4379

Relating to citations and arrests for criminal offenses and pretrial detention and release.

TX HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

Similar Bills

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CA SB289

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TX SB425

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TX HB1502

Relating to the creation of the child and adult protective investigations advisory committee in the Department of Family and Protective Services.

TX HB140

Relating to advisory bodies for the Department of Family and Protective Services, including the creation of the child protective investigations advisory committee and the abolition of the Family and Protective Services Council.

CA AB2778

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AZ SB1624

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AZ SB1700

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