BILL ANALYSIS

H.B. 1070

By: Scott

Criminal Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Observers note that a sheriff or peace officer takes a bail bond of a defendant held in a county jail in Texas but that licensed peace officers do not typically work in a county jail.  Interested parties note that legislation is required to allow a licensed jailer to take a bail bond of a defendant, which they assert would increase efficiencies and reduce overcrowding.  H.B. 1070 seeks to address this matter by changing statutes to allow a county jailer to take a defendant's bail bond.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1070 amends the Code of Criminal Procedure to establish that a county jailer licensed by the Commission on Law Enforcement Officer Standards and Education is considered to be an officer for the purposes of taking a bail bond and discharging any other related powers and duties under provisions of law regarding bail. The bill makes conforming changes to reflect that establishment in provisions of law relating to collecting bail from a defendant and makes nonsubstantive changes.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.