Alabama HB 56 Requires determination if defendant is unlawfully present in U.S. prior to bail determination and, if determined not lawfully present, denial of bail. (see also SB 256).
Kentucky HB 463 / SB 161 Establishes pretrial release and considerations for persons based on risk of flight and danger before trial and require credit toward bail based on time spent in jail before trial. Requires the Supreme Court to create guidelines for judges to use when considering pretrial release and monitored conditional release. Directs the courts to develop guidelines for pretrial release decision making, and directs judges to use these guidelines in making those decisions. Requires those on pretrial release to use GPS monitoring. Provides a maximum bail is not to exceed the amount of fine and court costs for specified crimes. Requires Department of Corrections to provide training on evidence-based practices to employees of pretrial services.
Louisiana HB 216 Provides failure to to make probable cause determination within 48 hours of arrest, resulting in release, does not preclude the defendant’s rearrest and resetting of bond for the same offense or offenses upon the issuance of an arrest warrant based upon a finding of probable cause by a magistrate.
Mississippi SB 2239 Clarifies that domestic violence bail bond fee is to be refunded to defendant who is not finally convicted.
Oklahoma HB 1347 Creates Wildlife Bail Procedure Act, setting procedures for persons arrested for violation of any section of the Oklahoma Wildlife Conservation Code.
Tennessee HB 703 / SB 861 Directs that a defendant released on a pre-trial bond continue on release pending the trial under the same terms and conditions unless the court determines other terms and conditions or termination of the bond is necessary. Authorizes a court to revoke a defendant’s bond and order defendant held without bail pending trial if the defendant violates a release condition; is charged with an offense committed during release; or engages in conduct that obstructs the orderly and expeditious progress of the trial or other proceedings.
Tennessee HB 718 / SB 1269 Provides, in certain DUI-related cases,defendant may not be released with another bail “until the judge or judicial commissioner sets conditions on the bond to attempt to eliminate the danger posed by the defendant” instead of “unless the court first determines the defendant is no longer a danger to the community.”
Tennessee HB 962 / SB 802 Directs issuance of a capias warrant for a criminal defendant who forfeits bond. If circumstances require, authorizes use of a duplicate copy of the capias until a certified copy of the capias can be obtained from the clerk’s office.
Texas HB 1070 / SB 972 Allows a county jailer to take a defendant’s bail bond.
Texas HB 1658 Specifies that a defendant may be refunded a bail bond on order of the court and only after the defendant complies with the conditions of the bond.
Texas HB 1822 Specifically authorizes a partial release of security when the amount of security remaining would meet certain requirements.
Texas HB 1823 Harmonizes provisions related to bail bond business in Code of Criminal Procedure with related provisions under the Occupations Code.
Texas HB 3077 / SB 877 Requires a sheriff, prosecuting attorney, or clerk of the court to verify an affidavit from a surety stating the accused is in custody of another governmental entity before discharging the surety’s liability on a bail bond. Requires a sheriff to place a detainer on the accused and notify both appropriate officials in the jurisdiction in which the accused is incarcerated and the court or magistrate for which prosecution is pending. Requires magistrate then direct the court to issue a capias for the arrest of the accused if deemed necessary.
Introduced with committee and/or floor approval
Tennessee HB 1312 / SB 1862 Removes the requirement that a court determine whether a defendant is a danger to the community prior to releasing the defendant on bail for being charged with vehicular assault, vehicular homicide or driving under the influence.
Tennessee HB 1380 / SB 780 Specifies that when determining the amount of bail, if it is determined that the defendant is unlawfully present in the United States, then there would be a presumption that the defendant is a flight risk.
Texas HB 770 Enhances the penalty for bail jumping and failure to appear as a condition of being released from custody from a Class A misdemeanor to a felony of the first degree if the offense for which the actor’s appearance was required is an offense of murder or capital murder.
Texas HB 875 Requires the sheriff or other officer to notify the judge or magistrate authorized to grant or deny the defendant’s release on bail if the sheriff or officer determines that the defendant was not lawfully admitted to the United States or, although lawfully admitted, the defendant’s lawful status has expired. Requires the Commission on Jail Standards to prepare and issue guidelines and procedures to ensure compliance with these provisions. Establishes a rebuttable presumption at any proceeding before the judge or magistrate concerning the defendant’s release on bail that the defendant presents a risk of flight from prosecution if a sheriff or other officer notifies a judge or magistrate that a defendant was not lawfully admitted to the United States or that, although lawfully admitted, the defendant’s lawful status has expired.
Texas HB 1784 Allows a court to refund any cash funds to a defendant after the defendant complies with the bond conditions. Allows a defendant, as part of a plea bargain or deferred prosecution agreement, to request funds to be withheld for outstanding fines, court costs, or amounts of restitution, but not to repay attorney’s fees.
Texas HJR 86 (Constitutional Amendment) Denies bail to certain persons who are unlawfully present in the United States and are taken into custody for committing a felony.
Texas HJR 98 (Constitutional Amendment) Denies bail to certain persons charged with a violent or sexual offense after having been previously convicted of a violent or sexual offense.
Texas SB 878 Prohibits a court or a magistrate from authorizing a defendant to deposit cash less than the full amount of bail set by the court or magistrate, nor require money or other security as a condition of bond for release.
Introduced with committee rejection
Alabama HB 481 / SB 276 Requires as condition for bail after an arrest for a second or subsequent DUI violation that a defendant have an ignition interlock device installed.
Alabama SB 291 Requires as condition for bail after an arrest for DUI violation that a defendant have an ignition interlock device installed.
Tennessee HB 1501 / SB 1987 Makes a person who is charged with sexual exploitation of a minor ineligible for suspension of prosecution and pretrial diversion.
Texas HB 1686 Require a judge or magistrate in whose court a criminal action is pending to discharge a surety’s liability on a bail bond under the following conditions: the surety files with the judge or magistrate an affidavit stating that more than five years have elapsed since the date on which the surety posted the bond, that the surety no longer wishes to be a surety on the bond, and that the surety will give the prosecuting attorney notice of the affidavit; and the surety gives such notice of the affidavit to the prosecuting attorney. Requires a judge or magistrate who discharges a surety’s liability in that manner, if an indictment or information remains pending against the defendant, to issue a capias for the defendant.
Introduced with other or no activity
Alabama HB 481 Requires as condition for bail after an arrest for a second or subsequent DUI violation that a defendant have an ignition interlock device installed.
Arkansas HB 1245 Modifies existing law regarding issuance of warrants for failure to appear for those held on bond. Provides a judgment entered when the defendant has been surrendered, apprehended, or arrested within one hundred twenty (120) days of receipt of written notification to the surety of the defendant’s failure to appear is void.
Arkansas HB 1246 Permits financing of bail bonds.
Arkansas HB 2169 “Affirmatively clarifies” financing of bail bonds is prohibited.
Mississippi HB 54 Establishes rebuttable presumption defendant presents a risk of flight if not lawfully admitted to the United States.
Mississippi HB 1266 Imposes a 1% increase on fee charged for bail bonds to be deposited in the State Treasury for Department of Mental Health.
Mississippi HCR 14 Prohibits issuance of bail for sex offenses.
Mississippi SB 2474 Clarifies procedures by which ail is set by municipal court. Provides bail set is payable to municipality.
Mississippi SB 2505 In cases of domestic violence, requires Protective Order Registry be checked before granting bail on another charge.
Oklahoma SB 705 Changes numerous laws with respect to personal recognizance, forfeiture of bail, release on personal recognizance, posting bail, and suspension of driving privilege. Modifies certain arraignment requirements. Removes requirement for release on personal recognizance under specified circumstances.
Tennessee HB 1578 / SB 770 Specifies that when determining the amount of bail, if it is determined that the defendant is unlawfully present in the United States, then there would be a presumption that the defendant is a flight risk.
Texas HB 168 Requires that a bail bond state an expiration date of not later than the third anniversary of the date the principal signed the bond.
Texas HB 532 Establishes a rebuttable presumption at any proceeding before the judge or magistrate concerning the defendant’s release on bail that the defendant presents a risk of flight from prosecution if a sheriff or other officer notifies a judge or magistrate that a defendant was not lawfully admitted to the United States or that, although lawfully admitted, the defendant’s lawful status has expired.
Texas HB 2467 Authorizes a surety to relieve the surety of the surety’s undertaking by delivering an affidavit to the prosecuting attorney and the county court clerk stating that the accused is incarcerated, unless the accused is not a United States citizen and is unlawfully present in the United States.
Texas SB 881 Allows a defendant and a defendant’s sureties to be exonerated from liability upon forfeiture if before the final judgment, there was a death of the principal or the principal was deported from the United States.
Texas SB 909 Relating to the discharge of a surety’s liability on a bail bond in a criminal case.