HB 1314

85(R) - 2017
House Criminal Jurisprudence
House Criminal Jurisprudence
Criminal Procedure

Vote Recommendation

Vote No; Amend
  • Neutral
  • Neutral
  • Negative
  • Negative
  • Neutral


Celia Israel

Bill Caption

Relating to the release on personal bond of a person who is pregnant.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would require a magistrate to release a defendant on personal bond without sureties or other security if the defendant is pregnant, or good cause is otherwise shown. 

Vote Recommendation Notes

The mere fact of being pregnant is not sufficient by itself to determine whether a person should be released on personal bond. While we support a magistrate being able to consider an individual’s pregnancy when granting personal bond, we find it too prescriptive to require that a magistrate “shall” release her under this bill based on the fact of pregnancy alone. This mandate violates our limited government and personal responsibility principles. For these reasons we oppose HB 1314.

We would support this bill if amended to remove the mandate and stipulate that a magistrate may consider a defendant's pregnancy when determining whether to release a person on personal bond.

Organizations Supporting

American Civil Liberties Union of Texas
Christian Life Commission
Texans Care for Children
Texas Catholic Conference of Bishops
Texas Impact
Travis County Commissioners Court

Organizations Opposed

Game Warden Peace Officers Association
Sheriffs' Association of Texas