BILL ANALYSIS

Senate Research Center                                                                                                          S.B. 56

79R1133 KCR-D                                                                                                              By: Nelson

Criminal Justice

3/23/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

As proposed, S.B. 56 prevents a judge or magistrate from reducing the amount of bail that has been set for a defendant that has been charged with certain offenses listed in Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, without giving reasonable notice of the proposed bail reduction to the attorney representing the state.  Among the offenses listed in that section are murder, capital murder, aggravated sexual assault, and aggravated robbery.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 17, Code of Criminal Procedure, by adding Article 17.091, as follows:

Art. 17.091.  NOTICE OF CERTAIN BAIL REDUCTIONS REQUIRED.  Requires a judge or magistrate, before reducing the amount of bail set for a defendant charged with an offense listed in Section 3g(a)(1) (relating to certain applicability exceptions), Article 42.12,  to provide reasonable notice of the proposed bail reduction to the attorney representing the state. 

SECTION 2.  Effective date:  September 1, 2005.