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Legislative Year: 2018 Change

Bill Detail: HB18-1089

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Title No Monetary Conditions Of Bond For Misdemeanors
Status Senate Committee on State, Veterans, & Military Affairs Postpone Indefinitely (04/16/2018)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors A. Benavidez (D)
Senate Sponsors R. Fields (D)
House Committee Judiciary
Senate Committee State, Veterans, and Military Affairs
Date Introduced 01/18/2018

The bill states that, except in certain cases, a court shall not require

a defendant arrested and charged for any misdemeanor, petty offense, or
municipal code violation to post monetary bail as a condition of being
discharged from custody. A defendant who is charged with an offense
other than a felony may not be released from custody under his or her
own recognizance until he or she signs and files with the clerk of the
court or other designated person a written release agreement that includes
certain promises.
Current law requires any pretrial services program to be
established pursuant to a plan formulated by a community advisory board
created for such purpose and appointed by the chief judge of the judicial
district. The bill makes this requirement merely permissible.
The bill states that if a person is in custody and the court imposed
a monetary condition of bond for release, and the person, after 5 days
from the setting of the monetary condition of bond, remains in custody
because he or she is unable to meet the monetary obligations of the bond,
upon motion of the person, the court shall forthwith conduct a hearing to
reconsider the monetary condition of the bond.

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