Texas House Bill HB2059

Texas 2009 - 81st Regular

• Out of House Committee: 4/23/09

Caption

Relating to certain pretrial and post-trial procedures in a criminal case.

Impact

The adjustments in HB2059 are expected to have a significant influence on the handling of bail bonds within the Texas criminal justice system. By revising the language around bail bond definitions and the mechanisms for cash deposits, the bill seeks to improve procedural efficiency and compliance. Furthermore, the requirement for court clerks to provide public notices of prospective court settings ensures that defendants are adequately informed about their cases, which is essential for maintaining transparency in the judicial process.

Summary

House Bill 2059 amends certain provisions of the Code of Criminal Procedure in Texas, specifically addressing pretrial and post-trial procedures. The bill includes modifications to the definitions and requirements surrounding bail bonds, enhancing clarity regarding the refund process of cash deposits made in lieu of sureties. It aims to streamline procedures associated with criminal cases by ensuring that relevant information regarding indictment presentment is properly documented in court records, particularly when a defendant is in custody or under bond.

Contention

Some notable contention points surrounding HB2059 include its implications for defendants' rights and the handling of expunction applications. The bill introduces stricter requirements for petitions related to the expunction of arrest records, which may raise concerns about accessibility for individuals seeking to clear their records. Critics may argue that these modifications could complicate the process for defendants attempting to navigate the complex legal landscape of criminal procedure, potentially undermining their ability to achieve expunction effectively.