Texas House Bill HB170

Texas 2021 - 87th 1st C.S.

Caption

Relating to bail proceedings and related duties of a magistrate in a criminal case.

Impact

The enactment of HB 170 will significantly impact the Code of Criminal Procedure in Texas, particularly affecting the way bail is set for defendants. By requiring a formal risk assessment tool, the bill aims to provide a more standardized and evidence-based approach to bail decisions. It addresses the issue of pretrial detention, emphasizing that a defendant should not be unnecessarily detained due to financial constraints related to bail. This aspect of the bill is particularly crucial for those who may not pose a significant risk to the community or flight risk, promoting a more humane treatment of defendants who are awaiting trial.

Summary

House Bill 170, known as the Damon Allen Act, is a legislative proposal aimed at reforming bail proceedings within the Texas criminal justice system. It mandates the use of a structured pretrial risk assessment for defendants, which must be conducted by magistrates before making bail decisions. This assessment is designed to evaluate both the likelihood of a defendant’s appearance in court and the safety of the community. These measures are anticipated to reduce biases in bail decisions and improve the overall fairness of the pretrial phase of criminal proceedings.

Contention

One of the notable points of contention surrounding HB 170 is the balance between ensuring public safety and the rights of the accused. Supporters argue that the bill will enhance the judicial process by introducing a more objective method for assessing risk, thereby protecting both the community and the defendants. However, critics express concern that reliance on risk assessments could introduce new forms of discrimination if the tools are not properly validated and monitored. These concerns highlight the delicate nature of reforming bail practices while safeguarding the rights of individuals during the pretrial process.