Enrolled Bill Summary
Legislative Session: 89(R)
Senate Bill 9 | Effective: See below |
Senate Author: Huffman et al. | Senate Committee: Criminal Justice |
House Sponsor: Smithee et al. | House Committee: Criminal Jurisprudence |
Senate Bill 9 amends the Code of Criminal Procedure, Government Code, and Human Resources Code to establish and revise provisions relating to the confinement or release of defendants before trial or sentencing and to the conditions of and procedures for setting bail and reviewing bail decisions. Among other provisions, the bill does the following:
- requires the state's attorney to enter information relating to a defendant's compliance with conditions of a pretrial intervention program into the appropriate database of the statewide law enforcement information system;
- expands the criminal history information of each defendant included in the public safety report system and authorizes a magistrate to order, prepare, or consider such a report in setting bail for certain defendants;
- prohibits an applicable magistrate from releasing on bail a defendant who is charged with certain serious offenses or who is charged with a felony offense under certain circumstances;
- grants a district judge jurisdiction to modify a bail decision regarding a defendant charged with or arrested for a felony offense that was made by a magistrate of a court that does not have jurisdiction to try the offense;
- expands the conditions under which the release of a defendant on personal bond is prohibited;
- revises reporting requirements for charitable bail organizations and provides for the reporting of such an organization's violations;
- prohibits certain magistrates from reducing the amount or conditions of bond set by a district court judge, including the judge of a district court in another county;
- provides for the pre-sentencing confinement of defendants adjudged guilty after entering a plea of guilty or nolo contendere for certain felony offenses;
- entitles the state to appeal an order of a court in a criminal case if the order grants insufficient bail to a defendant who is charged with certain serious offenses or who is charged with a felony offense while released on bail for another felony offense;
- entitles a victim to the right to be informed concerning whether the defendant has fully complied with any conditions of the defendant's bail; and
- includes among the information that must be included in the notice for victims of family violence, stalking, harassment, or a terroristic threat information regarding providing information helpful in setting bail if the offender is arrested.
Except as otherwise provided, the bill takes effect September 1, 2025.