Texas 2023 - 88th Regular

Texas Senate Bill SB1010

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.

Impact

The introduction of SB1010 would modify Chapter 17 of the Code of Criminal Procedure by adding a new article that specifically addresses these sensitive offenses. By allowing courts to deny bail under certain conditions, the bill aims to close loopholes that could let repeat offenders return to the community without adequate constraints. It is expected that this will increase the overall safety of children and reflect a shift in state policy toward prioritizing the protection of minors in legal scenarios involving serious crimes.

Summary

SB1010 introduces significant changes to the existing bail system in Texas, specifically targeting individuals accused of trafficking or sexual offenses against children. The bill stipulates that defendants charged with such offenses may be denied bail if they are found to have committed similar offenses while already released on bail. The intent behind this legislation is to enhance the protection of vulnerable children by preventing repeat offenders from having the opportunity to continue their predatory behavior while awaiting trial.

Sentiment

The sentiment around SB1010 appears largely supportive from law enforcement and child advocacy groups who argue that stricter bail conditions are necessary to protect children from potential harm caused by repeat offenders. Testimonies from figures such as Chief of Police Kenneth Myers emphasize the urgency for stricter measures in combating child trafficking. However, there is potential for opposition depending on interpretations of justice and due process rights regarding the accused, making it a contentious point in public discussions.

Contention

While the bill aims to provide safeguards for children, it raises questions about civil liberties and the fairness of denying bail pre-trial. Critics may argue that the provision places too much emphasis on accusations rather than convictions, which could affect the rights of the accused. This legislative move reflects broader societal debates about balancing public safety and individual rights, especially in the context of alarming crimes against children.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

  • Chapter 17. Bail
    • Section: New Section

Penal Code

  • Chapter 20. Kidnapping, Unlawful Restraint, Andsmuggling Of Persons
    • Section: New Section
  • Chapter 21. Sexual Offenses
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
  • Chapter 30. Burglary And Criminal Trespass
    • Section: New Section
  • Chapter 43. Public Indecency
    • Section: New Section

Companion Bills

TX SJR51

Enabling for Proposing a constitutional amendment authorizing the legislature to enact laws providing for the denial of bail to a person accused of committing a trafficking or sexual offense against a child while released on bail for committing a similar offense.

Similar Bills

No similar bills found.