Relating to certain pretrial and post-trial procedures in a criminal case.
Impact
The changes brought forth by HB 4379 could significantly streamline the handling of criminal cases in Texas. By altering the definition of a bail bond and introducing provisions regarding the deposit of cash funds, the bill seeks to enhance accessibility to the bail process. Additionally, the amendments concerning expunction petitions make it mandatory for detailed information to be included within applications for expunction, thus ensuring that all relevant data is formally presented to the courts.
Summary
House Bill 4379 addresses various pretrial and post-trial procedures in criminal cases within Texas. The bill proposes amendments to the Code of Criminal Procedure, notably aiming to streamline the processes involved in bail bond execution and the expunction of criminal records. One of the pivotal changes involves allowing defendants to deposit cash in lieu of sureties for a bail bond, which is designed to simplify the bail process and provide defendants with more options while awaiting trial.
Contention
While the bill has received support for its potential to simplify legal processes, concerns have been raised regarding the implications of such changes. Critics worry that the amendment allowing cash deposits could disproportionately affect low-income defendants who may lack immediate funds, thereby inadvertently perpetuating inequalities within the justice system. Furthermore, the requirement for comprehensive details in expunction petitions may be seen as burdensome by some individuals seeking to clear their criminal records, depending on their resources and access to legal assistance.
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 procedures in a criminal case after a defendant is found competent to stand trial and to consequences arising from certain violations of those procedures.
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.