Relating to the confinement or release of defendants before trial or sentencing, including regulating charitable bail organizations, and the conditions of and procedures for setting bail and reviewing bail decisions.
Impact
The bill is expected to significantly alter the statutory framework governing bail in Texas. Under its provisions, a judge may not reduce the amount or conditions of bail in specific circumstances, especially for classifications of offenses that carry serious implications for public safety, like violent crimes. Additionally, SB9 mandates the establishment of a 'public safety report system,' which integrates data from various jurisdictions to aid magistrates in making informed bail decisions. These changes could lead to more stringent controls on bail decisions, especially for repeat offenders or cases involving serious charges.
Summary
Senate Bill 9 (SB9) focuses on revising procedures related to the confinement and release of defendants before trial or sentencing in Texas. Key provisions include new regulations surrounding charitable bail organizations, the conditions for setting bail, and the procedures for reviewing bail decisions. The bill aims to enhance public safety by allowing magistrates to consider a defendant's criminal history and any current protective orders when determining bail, particularly for violent offenses. This legislative change is part of a broader reform of the state's criminal justice system in an effort to improve accountability and transparency.
Sentiment
General sentiment regarding SB9 reflects a division among stakeholders. Proponents argue that the bill will strengthen public safety and ensure that defendants who pose a risk to society are more effectively managed through stricter bail conditions. Opponents raise concerns about the potential for increased pretrial incarceration rates, which could disproportionately affect marginalized communities. They advocate for maintaining a balance between public safety and the fundamental rights of defendants, suggesting that increased scrutiny of bail could lead to unjust outcomes.
Contention
Noteworthy points of contention surrounding SB9 involve the extent of its implications for charitable bail organizations. Critics fear that the regulatory burden imposed on these organizations may limit their ability to assist defendants in need of financial support, thereby impeding their right to fair pretrial release. Furthermore, the bill's requirements on informing victims and allowing their input during the bail review decision process, while well-intentioned, raise questions about procedural fairness and the risk of potential bias against defendants during pretrial proceedings.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 15. Arrest Under Warrant
Section: 17
Section: New Section
Section: 17
Section: New Section
Chapter 17. Bail
Section: New Section
Section: 21
Section: New Section
Section: New Section
Section: 21
Section: 03
Section: New Section
Section: New Section
Section: New Section
Section: New Section
Chapter 1. General Provisions
Section: New Section
Chapter 16. The Commitment Or Discharge Of The Accused
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 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.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to the confinement in a county jail of certain defendants who are incompetent to stand trial and to the compensation to the county for the costs of that confinement.
Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.