Texas Senate Bill SB533

Texas 2021 - 87th Regular

Caption

Relating to the review of a defendant's criminal history before any release of the defendant on bail.

Impact

The implications of SB533 are significant, as it aims to ensure that judges take into account a defendant's past criminal behavior when making bail determinations. This could lead to stricter bail conditions for individuals with extensive criminal histories, potentially reducing the number of repeat offenders released on bail. The law applies only to those arrested post-enactment, which means it does not retroactively affect cases prior to its effective date, set for September 1, 2021. This transition allows ongoing cases to proceed under the former regulations, ensuring a smooth implementation period.

Summary

Senate Bill 533, introduced by Senator Kolkhorst, is designed to enhance the judicial review process concerning a defendant's criminal history prior to the setting of bail or the release on personal bonds. The bill mandates judges or magistrates to officially document their review of a defendant's criminal history as part of the proceedings associated with bail decisions. This written statement must be entered into the record and made accessible to the public upon request, thereby promoting transparency in judicial processes related to bail.

Enactment

If enacted, SB533 would amend Chapter 17 of the Code of Criminal Procedure by adding Article 17.034. This legislative update would mark a shift in pretrial procedures, emphasizing the importance of criminal history in the bail decision-making process and aiming to improve overall public safety while encouraging judges to maintain careful records of their assessments.

Contention

Discussions surrounding SB533 may bring about contention, particularly regarding the balance between public safety and the rights of defendants. Supporters of the bill argue that it is essential in preventing future crimes by enabling judges to make informed decisions about bail based on a defendant's complete criminal record. Conversely, critics may view the bill as a potential infringement on the presumption of innocence, arguing that it could lead to biased bail decisions against individuals solely based on their past offenses, rather than considering current circumstances.