Texas Senate Bill SB2241

Texas 2019 - 86th Regular

Caption

Relating to the judges authorized to release on bail a defendant charged with certain offenses, and the considerations for setting the amount of bail.

Impact

The amendments made by SB2241 to the Code of Criminal Procedure alter existing laws by specifying who is authorized to release defendants on bail and what considerations must be taken into account when setting bail amounts. This includes evaluating the nature of the offense, the defendant’s criminal history, their ability to make bail, and the potential risk to victims and the community. Additionally, a standardized pretrial risk assessment tool will be developed by a Bail Advisory Program established by the governor, aimed at employing empirical data to guide bail determinations.

Summary

SB2241, also known as the Damon Allen Act, proposes significant changes in the judicial system regarding the release on bail of certain defendants. Specifically, the bill stipulates that only a district court judge or an associate judge appointed by a district court judge may authorize bail for defendants charged with felony offenses or specific Class B misdemeanors as defined under Chapters 21 or 22 of the Penal Code. This restriction reflects a move towards centralizing the decision-making authority regarding bail, deeming it necessary for ensuring that serious charges are handled with appropriate judicial oversight.

Contention

The discussions surrounding SB2241 likely focus on the balance between public safety and individual rights. Proponents argue that such stringent measures are vital for public safety, ensuring that judges with the right authority make informed decisions on bail, particularly for serious offenses. Conversely, critics may contend that excessive restrictions on bail could lead to unjust detentions and violate defendants' rights, particularly for those charged with non-violent offenses. This tension could incite debates about judicial discretion, the effectiveness of risk assessments, and broader implications for the criminal justice system.