Relating to the powers and duties of a personal bond or personal bond and pretrial supervision office.
Impact
The proposed changes to Article 17.42 of the Code of Criminal Procedure would allow personal bond offices to assess personal bond fees and establish annual reporting requirements to provide transparency regarding their operations. The reimbursement fees collected are specified to defray operational costs, thereby ensuring that the offices can sustain their activities without additional strain on county finances. Furthermore, the bill facilitates the collection and exchange of criminal history information crucial to the decision-making process regarding personal bonds, which could lead to more informed judicial decisions and greater accountability.
Summary
House Bill 3123 aims to enhance the operations and responsibilities of personal bond and pretrial supervision offices within the state of Texas. Specifically, the bill allows counties and judicial districts, with approval from the relevant commissioners' courts, to establish these offices. These offices are tasked with gathering and reviewing information about accused individuals to determine their suitability for personal bonds and are required to report their findings to the courts overseeing the cases. This development is expected to streamline the processes involved in pretrial services and enhance the efficiency of the criminal justice system.
Contention
A notable point of contention is the potential implications of these changes for defendants, particularly regarding access to legal services and fair treatment in the pretrial phase. Opponents of similar reforms often argue that such measures could lead to inequities, especially for lower-income defendants who may have limited access to legal resources or support services. Advocacy for sufficient funding and operational transparency for personal bond and pretrial supervision offices is crucial to addressing these concerns and ensuring that reforms fulfill their intended objectives of promoting justice and efficiency within the legal system.
Texas Constitutional Statutes Affected
Code Of Criminal Procedure
Chapter 17. Bail
Section: 42
Government Code
Chapter 411. Department Of Public Safety Of The State Of Texas
Section: New Section
Chapter 76. Community Supervision And Corrections Departments
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 procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
Relating to the procedures for the expunction of arrest records and files for persons who complete certain court programs or pretrial intervention programs.
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 carrying of weapons by community supervision and corrections department officers, juvenile probation officers, and certain retired law enforcement officers and to criminal liability for taking a weapon from certain of those officers.
Courts: state court administration; state pretrial services division; create. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 11 & 11a to ch. V.