Texas Senate Bill SB1151

Texas 2023 - 88th Regular

• Filed: 2/23/23
• Out of Senate Committee: 3/23/23
• Voted on by Senate: 3/28/23

Caption

Relating to the authority of corporations to act as sureties on bail bonds.

Impact

If enacted, SB 1151 will significantly impact the procedures for bail bonds in Texas. By introducing a minimum premium that must be paid prior to the release of a defendant, the bill aims to ensure that all parties involved in the bail process are held to a consistent standard, potentially restoring public confidence in the criminal justice system. The requirement for corporations to submit affidavits further enforces accountability, making it clear who has paid the premium and how it was paid.

Summary

Senate Bill 1151, introduced by Senator Whitmire, addresses the authority of corporations acting as sureties on bail bonds. The bill stipulates that before a defendant can be released on bond, a minimum premium of 10% of the total bond amount must be collected by the corporation acting as surety. This change seeks to standardize the procedures surrounding bail bonds and enhance accountability in the bail system. Additionally, the bill mandates that a sworn affidavit detailing the premium payment is submitted to the sheriff's office, thus increasing transparency.

Sentiment

The sentiment surrounding SB 1151 appears to be mixed, with substantial support coming from advocates of criminal justice reform and victim services organizations, such as Crime Stoppers of Houston, who argue that the bill will restore confidence in the bail system. However, some opposition has been voiced by individuals within the legal community who may see this as an overreach limiting the flexibility of how bail bonds can be structured.

Contention

Notable points of contention include the mandatory collection of the 10% premium, which could be seen as a barrier for some defendants seeking release on bail. Critics of the bill express concern that this requirement might disproportionately affect low-income individuals who may struggle to meet the premium demands. Furthermore, there are diverging opinions on whether this legislation effectively addresses the broader issues of the bail system or merely adds additional regulations that may not fundamentally improve the situation.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 17. Bail
  • Section: 06
  • Section: 06
  • Section: 06