Texas House Bill HB1167

Texas 2025 - 89th Regular

• Filed: 11/12/24

Caption

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.

Texas Constitutional Statutes Affected

Code Of Criminal Procedure

• Chapter 42. Judgment And Sentence
  • Section: New Section

Government Code

• Chapter 33. State Commission On Judicial Conduct
  • Section: New Section

• Chapter 508. Parole And Mandatory Supervision
  • Section: 145
  • Section: 147

Penal Code

• Chapter 12. Punishments
  • Section: New Section