Texas House Bill HB168

Texas 2011 - 82nd Regular

• Introduced: 11/8/10
• Refer: 2/11/11

Caption

Relating to the requirements of a bail bond.

Impact

If enacted, HB168 would significantly shape the legal landscape surrounding bail bonds in Texas. The requirement to include specific conditions in bail agreements seeks to enhance accountability among defendants and their sureties. This clarity is anticipated to reduce ambiguities in the bonds, which can often lead to legal disputes regarding obligations. Moreover, by stipulating that defendants are liable for the expenses related to their rearrest, the bill could incentivize compliance with court appearances, theoretically leading to more effective judicial processes and contributing to a decrease in outstanding warrants or failures to appear in court.

Summary

House Bill 168 proposes amendments to the Code of Criminal Procedure concerning the requirements and conditions of bail bonds in Texas. The primary alteration mandates that bail bonds include specific information such as whether the charged offense is a felony or misdemeanor, and the time and location of required appearances by the defendant. Additionally, it introduces a provision that ensures bail bond agreements encompass the payment of necessary expenses incurred by law enforcement in the event of a rearrest due to a failure to appear. These updates aim to clarify the legal obligations outlined in bail bonds and ensure all parties are adequately informed of their responsibilities.

Sentiment

The sentiment surrounding HB168 appears to be generally supportive among legislators who advocate for legal clarity and accountability in the bail bond process. Proponents argue that these changes are essential for ensuring that defendants understand their obligations and that financial burdens are explicitly articulated within the bond agreements. Conversely, some concerns may arise regarding the potential impact on defendants who might find it challenging to meet these financial responsibilities, especially if they are unable to make court appearances due to socioeconomic factors.

Contention

Notably, the bill faces some contention concerning the added financial responsibilities that it places on defendants. Detractors may argue that mandating the payment of law enforcement expenses could disproportionately affect low-income individuals, potentially complicating their legal circumstances further. This aspect of the legislation raises questions about equity in the legal process and whether such financial burdens could dissuade defendants from seeking bail. The proposed effective date of September 1, 2011, also indicates that should the bill advance, the implementation will be undertaken swiftly, necessitating immediate adaptations within the judicial system.