Relating to the discharge of a surety's liability on a bail bond in a criminal case.
Impact
The proposed changes will specifically affect the existing procedures related to bail bonds in Texas. By allowing sureties to discharge their liability under specific circumstances—such as the passage of five years without the need for a defendant's court appearance—the bill aims to streamline the process for sureties and reduce potential financial burdens associated with long-standing liabilities. This reflects a shift towards more equitable treatment of sureties in the bail process.
Summary
SB876 introduces amendments to Article 17.09 of the Code of Criminal Procedure, focusing on the discharge of a surety's liability on bail bonds in criminal cases. The bill outlines clear conditions under which a surety can seek to have their liability discharged, particularly emphasizing the procedural requirements that must be followed. This is particularly relevant for bonds that have been active for more than five years, providing a legal avenue for sureties to exit their financial responsibilities if certain conditions are met.
Contention
While the bill aims to improve the conditions surrounding bail bond procedures, it may raise concerns regarding its impact on the accountability of defendants. Critics might argue that easing the discharge of liability could lead to increased risks of non-appearance in court for defendants, as sureties may be less incentivized to ensure compliance if their financial obligations can be easily relinquished. As such, the balance between the rights of sureties and the need to ensure defendants appear in court may become a point of contention among stakeholders in the criminal justice system.
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.
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.
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.
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.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.