Texas 2011 - 82nd Regular

Texas House Bill HB1070

Filed
 
Introduced
2/2/11  
Out of House Committee
4/13/11  
Voted on by House
4/25/11  
Refer
3/1/11  
Out of Senate Committee
5/20/11  
Report Pass
4/12/11  
Voted on by Senate
5/24/11  
Engrossed
4/25/11  
Governor Action
6/17/11  
Refer
4/27/11  
Bill Becomes Law
 
Report Pass
5/20/11  
Enrolled
5/26/11  
Enrolled
5/26/11  
Passed
6/17/11  

Caption

Relating to the taking of a defendant's bail bond by county jailers.

Impact

The implications of this bill suggest an increase in responsibility for county jailers, who will now be recognized as officers legally able to engage in the bail process. This could ease the burden on court systems by reducing delays in processing bail when courts are not in session, potentially allowing defendants to be released more promptly. However, the law could also raise concerns regarding the qualifications and training of jailers in managing bail transactions, which can be complex and sensitive.

Summary

House Bill 1070 seeks to amend the Code of Criminal Procedure to expand the authority of county jailers in regards to accepting bail bonds from defendants. The bill defines county jailers as officers who can take bail bonds in misdemeanor and felony cases, thereby allowing them to perform certain duties traditionally reserved for magistrates or judges. This legislative change is significant as it streamlines the process of bail bonds, particularly in situations where a defendant is in custody and the court is not in session.

Conclusion

Overall, House Bill 1070 represents a change in the administration of bail within the state of Texas, fundamentally altering the roles of peace officers and jailers in the bail process. This reflects an ongoing effort to reform criminal justice procedures to be more efficient and responsive, though careful consideration will need to be given to oversight and training to ensure fair and just treatment of defendants.

Contention

Notable points of contention surrounding HB 1070 may arise from the debate over whether county jailers have the requisite training and authority to take on such significant responsibilities as administering bail bonds. Critics may argue that this approach could lead to inconsistencies in how bail is set and managed, while proponents of the bill are likely to contend that it helps to alleviate court backlog and provides a necessary avenue for prompt justice.

Companion Bills

TX SB972

Identical Relating to the taking of a defendant's bail bond by county jailers.

Previously Filed As

TX SB1318

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.

TX HB3400

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.

TX HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

TX HB4504

Relating to the nonsubstantive revision of certain provisions of the Code of Criminal Procedure, including conforming amendments.

TX HB4703

Relating to the operation and administration of and practice in and grants provided by courts in the judicial branch of state government.

TX HB1528

Relating to magistration proceedings for criminal defendants and the retention of related records, to services and representation provided to indigent criminal defendants and indigent juveniles, and to the governance and administration of the Texas Indigent Defense Commission.

TX HB2183

Relating to the temporary appointment of county jailers.

TX HB4247

Relating to requiring notice regarding the potential eligibility to vote of certain persons convicted of a felony and the duties of a sheriff or jailer relating to elections.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

Similar Bills

No similar bills found.