HB 664

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

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Positive
  • Neutral


Terry Canales

Bill Caption

Relating to the release on bail of a defendant arrested following a violation of a condition of community supervision.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would modify the procedure for judges who have ordered an arrest after an alleged violation of a condition of community supervision. Under current law, if the judge is not available to make a ruling the magistrate of the county shall perform all the duties that judges are charged with fulfilling except for authorizing the defendant’s release. If this bill passes, a magistrate would be able to authorize the release of the individual on bail. 

Vote Recommendation Notes

This bill would make a procedural change and grant magistrates the power to release individuals who have been alleged to violate a condition of their community supervision. In addition to our support of swift and immediate sanctions after individuals violate their community supervision, we also think that it is waste of resources to needlessly keep someone incarcerated merely because a judge is unavailable when a magistrate is perfectly capable of performing the duty in the judge's absence. For these reason we support HB 664.  

Organizations Supporting

American Civil Liberties Union of Texas
Texas Appleseed
Texas Public Policy Foundation