Amends TCA Title 36; Title 39 and Title 40.
Generally, present law requires that bail be set as low as the court determines is necessary to reasonably assure the appearance of the defendant as required. Present law does set out certain factors to be considered when determining the amount of bail, including specific factors when the defendant is charged with certain offenses, such as domestic abuse or stalking. This bill adds a requirement for a magistrate to set a defendant's bail in an amount not less than twice that which is customarily set for the offense charged if: (1) The alleged victim of the offense is a domestic violence victim; and (2) The magistrate finds the defendant strangled, or attempted to strangle, the victim during the commission of the offense or made threats against the victim's life.
Generally, present law requires that bail be set as low as the court determines is necessary to reasonably assure the appearance of the defendant as required. Present law does set out certain factors to be considered when determining the amount of bail, including specific factors when the defendant is charged with certain offenses, such as domestic abuse or stalking. This bill adds a requirement for a magistrate to set a defendant's bail in an amount not less than twice that which is customarily set for the offense charged if: (1) The alleged victim of the offense is a domestic violence victim; and (2) The magistrate finds the defendant strangled, or attempted to strangle, the victim during the commission of the offense or made threats against the victim's life.
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