Texas Senate Bill SB498

Texas 2009 - 81st Regular

Caption

Relating to the release of a criminal defendant on partial bail and to the procedures governing a cash bond.

Impact

The amendments introduced by SB498 are expected to positively influence the criminal justice system by offering more equitable options for bail, potentially reducing the number of defendants who remain incarcerated due to inability to pay their full bail. By allowing partial bail, the bill can help alleviate some of the financial burdens on defendants, who may otherwise face long periods of pretrial detention simply because they lack the necessary funds.

Summary

SB498 proposes amendments to the Code of Criminal Procedure relating to the release of criminal defendants on partial bail. The bill allows a magistrate to permit a defendant to deposit a cash bond or submit a surety bond for a portion of the total bail amount if requiring the full bail would create an unreasonable hardship for the defendant. This modification aims to provide flexibility in the bail system, especially for defendants who may struggle to afford the full bail amount while still ensuring they have a financial incentive to appear in court.

Contention

While SB498 seeks to reform the bail process, it is not without points of contention. Proponents argue that the ability for magistrates to offer partial bail will lead to a fairer judicial process and ultimately foster better public safety outcomes, as defendants will not be excessively penalized for financial hardships. Conversely, critics may express concerns about the potential for increased risks of non-appearance in court and argue that allowing partial bail could undermine the intended deterrent effect of bail in ensuring defendants return for their hearings.