TO:	Honorable Trent Ashby, Chair, House Committee on Constitutional Rights & Remedies, Select

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	HB2 by Smith (Relating to rules for setting the amount of bail, to the release of certain defendants on a monetary bond or personal bond, to related duties of certain officers taking bail bonds and of a magistrate in a criminal case, to charitable bail organizations, and to the reporting of information pertaining to bail bonds.), As Introduced

The provisions of the bill addressed by this analysis would amend various codes as they relate to the release of defendants on bail. Under the provisions of the bill, among other proposed modifications, any person would be eligible for bail unless denial of bail is permitted by the Texas Constitution and bail and its conditions would be required to be limited to the least restrictive measures deemed necessary to reasonably ensure the appearance of the accused in court and to provide for the safety of the public, law enforcement, and the victim. The bill would also make individuals charged with committing certain offenses ineligible for bond.

This analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources. The bill does not expressly create a felony offense, increase the punishment for an existing misdemeanor to that of a felony, increase the punishment for an existing felony offense or category of felony level offenses, or change the eligibility of a person for felony community supervision, parole, or mandatory supervision.

LEGISLATIVE BUDGET BOARD
Austin, Texas

CRIMINAL JUSTICE IMPACT STATEMENT 87th LEGISLATURE 1st CALLED SESSION 2021


July 9, 2021