Bill: HB 1314, 85(R) - 2017

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

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. 

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.