Texas Senate Bill SB878

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/14/11
• Introduced: 2/23/11
• Voted on by Senate: 4/28/11
• Refer: 3/1/11
• Report Pass: 4/14/11

Caption

Relating to a defendant's release on a personal bond or bail bond.

Impact

The implications of SB878 could be substantial, particularly for defendants in financial distress. By removing the requirement for a cash deposit or collateral, the bill aims to facilitate more equitable access to bail for individuals who might otherwise struggle to meet traditional bail conditions. This could lead to increased pretrial releases, aligning with broader criminal justice reform efforts that seek to reduce incarceration rates for non-violent offenders and those unable to pay bail.

Summary

SB878 proposes significant changes to the procedures governing a defendant's release on bail or personal bonds in Texas. The bill seeks to amend the existing Code of Criminal Procedure, specifically redefining what constitutes a bail bond and the conditions under which defendants can secure their release. Notably, it clarifies that defendants may deposit cash in lieu of having sureties sign the bail bond. Additionally, it introduces a provision prohibiting courts from requiring the deposit of money or other collateral as a condition for a defendant's release, potentially easing the financial burden on defendants awaiting trial.

Contention

However, SB878 may also ignite debates about public safety and accountability in the bail system. Critics could argue that by minimizing the financial stakes involved in securing a release, the bill risks allowing defendants to abscond or not appear for their court dates. Supporters might counter that the existing bail system disproportionately impacts low-income individuals and exacerbates inequalities within the criminal justice system. The discussion surrounding this bill will likely reflect broader sentiments about reforming punitive measures in favor of more rehabilitative approaches.