Vote Recommendation | Economic Freedom | Property Rights | Personal Responsibility | Limited Government | Individual Liberty |
---|---|---|---|---|---|
Yes | Neutral | Neutral | Positive | Neutral | Positive |
Relating to rules for fixing the amount of bail, to the release of certain defendants on a bail bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.
Estimated Two-year Net Impact to General Revenue Related Funds for SB 21, Committee Report 1st House, Substituted: a negative impact of ($11,238,738) through the biennium ending August 31, 2023.
The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.
SB 21 would make certain changes to the bail system. If a
defendant is charged with an offense while released on bail for a previous
offense, only the court before whom the case for the previous offense is
pending would be able to release the defendant on bail. It would prohibit
personal bonds for defendants charged with committing an offense while released
on bail for a previous violent offense or who have been convicted of a previous
violent offense. When deciding bail, judges and magistrates would have to
consider whether the offense involves violence and whether it was directed
against a peace officer. They would also be required to consider the criminal
history of the defendant, any prior failures to appear in court, and their
citizenship status. An indigent defendant would be permitted to file an
affidavit stating their inability to pay.
SB 21 would require the Office of Court Administration to
create a standard form for setting bail. A person setting bail for a defendant
would have to use the form. The Department of Public Safety would have to
provide training to each magistrate, judge, sheriff, peace officer, or jailer
required to obtain criminal history record information on completing that
requirement effectively. Judges and magistrates authorized to set bail would
have to complete continuing education on setting bail in criminal cases. The
Office of Court Administration would have to publish information on bail bonds
reported to them by county clerks.
SB 21 would create regulations for charitable bail
organizations. Eligible charitable bail organizations would be required to file
various affidavits to the county clerk and sheriff of each county they operate
in. They would only be permitted to pay bonds for indigent defendants who are
not charged with a violent offense and have not been previously convicted of a
violent offense.
The Texas bail system
is in serious need of major reform. While the reforms proposed by this bill
would be a minor improvement over the status quo, they fall short of correcting
the serious deficiencies in the system. Since it is a step in the right
direction, we support SB 21.