Texas House Bill HB1088

Texas 2017 - 85th Regular

Caption

Relating to the creation of the offense of prohibited conduct of a bail bond surety.

Impact

If enacted, HB 1088 would enhance the accountability of bail bond sureties by criminalizing certain actions that may undermine the judicial process. The legislation categorizes the offense as a state jail felony, implying that it carries significant legal consequences. By doing so, the bill would underscore the importance of preserving the integrity of bail proceedings and ensuring that defendants do not exploit legal loopholes to manipulate their bail terms inappropriately.

Summary

House Bill 1088 aims to create a new offense related to the conduct of bail bond sureties in Texas. The bill specifies that a person acting as a surety on a bail bond commits an offense if they knowingly provide a defendant with forms for motions to reduce their bond amount or to change the conditions of the bond. This addition to the Penal Code, particularly under Section 38.124, seeks to regulate the actions of bail bond sureties more strictly, aiming to prevent potential abuses associated with bail modification.

Contention

Noteworthy points of contention surrounding HB 1088 may arise from concerns over the balance between regulatory oversight and the rights of defendants. Critics could argue that this measure restricts the rights of individuals in a legal system that is already complicated for defendants seeking equitable treatment. Additionally, there may be debates regarding the implications for bail bond businesses and the legal profession, particularly around the provisions that allow licensed attorneys to assist defendants without facing criminal charges. Safeguards and exemptions are essential points in discussions on the potential effects of the legislation on access to legal remedies for those in need.