Texas Senate Bill SB415

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/28/09
• Voted on by Senate: 5/7/09
• Out of House Committee: 5/18/09
• Voted on by House: 5/26/09
• Governor Action: 6/19/09
• Enrolled: 5/27/09
• Passed: 6/19/09

Caption

Relating to the court in which certain persons charged with misdemeanors punishable by fine only may be arraigned.

Impact

The potential impact of SB415 on state laws is significant as it provides clearer guidelines for handling minor misdemeanor charges. By allowing for the release of individuals without bond, the bill seeks to minimize the overcrowding of jails with individuals waiting for arraignment on lesser charges. This could lead to a more efficient use of judicial resources and a reduction in the costs associated with pre-trial detentions. However, it does raise questions about the measures in place to ensure that individuals appear for their scheduled arraignments following this release protocol.

Summary

SB415 is a legislative proposal aimed at amending the Code of Criminal Procedure in Texas, specifically focusing on the arraignment process for individuals charged with misdemeanors punishable by fine only. The bill permits a magistrate to release an accused individual without bond after identifying them, provided that certain procedural conditions are met. The magistrate will issue a written order detailing the time, date, and place for the arraignment in the respective justice or municipal court. This change aims to streamline the judicial process for minor offenses, reducing unnecessary pre-trial detentions and making the system more efficient.

Contention

Some points of contention surrounding SB415 may involve concerns about public safety and the reliability of individuals to appear for their arraignment without the deterrent of a required bond. Critics may argue that allowing releases without bond could lead to higher rates of non-appearance in court, thus complicating the judicial process further. Additionally, there may be debates on the fairness of such a measure, as individuals with previous felony or misdemeanor convictions are excluded from this release option, potentially leading to perceptions of inequality in how the law is applied across various demographics.