Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Impact
If passed, HB1167 would implement stricter bail requirements for defendants accused of violent felonies, thereby impacting the state's approach to pre-trial release. The legislation emphasizes a shift towards prioritizing public safety by potentially keeping more serious offenders in custody prior to trial. This could result in fewer release opportunities for defendants who pose a significant risk to the community, shaping how judges assess bail in future cases. Moreover, the bill changes the eligibility criteria for community supervision, making it more restrictive for certain felony offenses committed while on bail, thus extending the minimum prison term for these crimes.
Summary
House Bill 1167 seeks to amend the Code of Criminal Procedure concerning the bail release of defendants charged with felony offenses. The bill proposes significant changes, including the establishment of minimum bail amounts for violent felony offenses, which are classified by degrees. Specifically, it sets a minimum bail of $5 million for capital offenses, $3 million for first-degree felonies, and $2 million for second-degree felonies. The legislation aims to ensure that judges consider the nature of the offense, the defendant's previous criminal history, and the safety of the victim and community when determining bail amounts.
Contention
Notable points of contention surrounding HB1167 include concerns from legal professionals and advocacy groups regarding the implications for judicial discretion. Critics may argue that mandatory minimum bail amounts could disproportionately affect lower-income defendants who may struggle to meet such financial requirements, potentially leading to an over-incarceration of individuals awaiting trial. Furthermore, the extension of prison terms for offenses committed while on bail raises issues of fairness and the potential impact on rehabilitative initiatives, as the new rules may not take into account the varying circumstances behind each case.
Enabling for
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited and to certain consequences on conviction of certain offenses.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.
Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.
Relating to prohibiting the carrying of a firearm by a member of a criminal street gang while engaged in certain criminal activity; creating a criminal offense; changing the eligibility for community supervision.
Relating to conditions of community supervision and procedures applicable to the reduction or termination of a defendant's period of community supervision.
Relating to community supervision for certain drug possession offenses and to a person's eligibility for an order of nondisclosure following a term of community supervision for any of those offenses.