1-1 By: Wentworth S.B. No. 324
1-2 (In the Senate - Filed February 11, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Criminal Justice;
1-4 April 13, 1993, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; April 13, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to establishing the amount of bail in a criminal case.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Article 17.15, Code of Criminal Procedure, is
1-20 amended to read as follows:
1-21 Art. 17.15. RULES FOR FIXING AMOUNT OF BAIL. The amount of
1-22 bail to be required in any case is to be regulated by the court,
1-23 judge, magistrate or officer taking the bail; they are to be
1-24 governed in the exercise of this discretion by the Constitution and
1-25 by the following rules:
1-26 1. The bail shall be sufficiently high to give
1-27 reasonable assurance that the undertaking will be complied with.
1-28 2. The power to require bail is not to be so used as
1-29 to make it an instrument of oppression.
1-30 3. The nature of the offense and the circumstances
1-31 under which it was committed are to be considered.
1-32 4. The ability to make bail is to be regarded, and
1-33 proof may be taken upon this point.
1-34 5. The future safety of a victim of the alleged
1-35 offense and the community shall <may> be considered.
1-36 SECTION 2. This Act takes effect September 1, 1993.
1-37 SECTION 3. The importance of this legislation and the
1-38 crowded condition of the calendars in both houses create an
1-39 emergency and an imperative public necessity that the
1-40 constitutional rule requiring bills to be read on three several
1-41 days in each house be suspended, and this rule is hereby suspended.
1-42 * * * * *
1-43 Austin,
1-44 Texas
1-45 April 13, 1993
1-46 Hon. Bob Bullock
1-47 President of the Senate
1-48 Sir:
1-49 We, your Committee on Criminal Justice to which was referred S.B.
1-50 No. 324, have had the same under consideration, and I am instructed
1-51 to report it back to the Senate with the recommendation that it do
1-52 pass and be printed.
1-53 Whitmire,
1-54 Chairman
1-55 * * * * *
1-56 WITNESSES
1-57 FOR AGAINST ON
1-58 ___________________________________________________________________
1-59 Name: John Boston x
1-60 Representing: Tx Criminal Def Lawyer Assoc
1-61 City: Austin
1-62 -------------------------------------------------------------------
1-63 Name: Knox Fitzpatrick x
1-64 Representing: Dallas DA's Office
1-65 City: Dallas
1-66 -------------------------------------------------------------------
1-67 Name: Danny Hill x
1-68 Representing: TDCAA
2-1 City: Amarillo
2-2 -------------------------------------------------------------------
2-3 Name: Lon Curtis x
2-4 Representing: TDCAA
2-5 City: Belton
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