84(R) - 2015
House Bill 643 would amend the Code of Criminal Procedure to clarify who may file a motion to discharge a defendant's bail when an indictment or information has not been presented against the defendant during a limited timeframe.
House Bill 643 would use existing resources and would not present an additional cost to government.
The current Code of Criminal Procedure is ambiguous regarding who is able to file a motion to discharge a bail bond. This represents a problem for certain "sureties" (guarantors of bail payment).
If, for instance, a defendant is arrested and released on bond, it is entirely possible for the defendant to remain on bond indefinitely if no determination regarding his/her charges is made. If no charges are formally filed, the bond remains on the surety's list of open bonds.
House Bill 643 clarifies who is authorized to file a motion to discharge a bond. The bill would allow a surety to file such a motion when the defendant has been put into custody and no indictment or information has been presented against him/her on or before the last day of the next term of the court which is held after the defendant's commitment or admission to bail, or on or before the 180th day after the date of commitment or admission to bail (whichever date is later).
Vote Recommendation Notes
We support House Bill 643 as it clarifies the intent of existing law and supports our commitment to an effective criminal justice system and greater Personal Responsibility.