Amends TCA Title 40, Chapter 11.

This bill revises various provisions governing bail, as follows: (1) This bill requires that a defendant be given a bail hearing to address any conditions of release, with the assistance of counsel, within 48 hours of arrest or being held to answer for any bailable offense; (2) Present law provides that a person charged with a bailable offense may, before a magistrate authorized to admit the person to bail, be ordered released pending trial on the person's personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the magistrate. This bill revises this provision to instead require that the person must be ordered released pending trial on the person's personal recognizance or upon execution of an unsecured appearance bond in an amount specified by the magistrate, unless the magistrate determines by clear and convincing evidence that more restrictive conditions are necessary to reasonably assure the appearance of the person or ensure the safety of another person or the community; (3) Present law provides that, absent a showing that conditions on a release on recognizance will reasonably assure the appearance of the defendant as required, the magistrate must, in lieu of the conditions of release set out in present law, require bail to be given. This bill revises this provision to instead provide that upon a showing by clear and convincing evidence that conditions on a release on recognizance or unsecured bond are insufficient to reasonably assure the appearance of the defendant as required or ensure the safety of another person or the community, the magistrate must, in lieu of the conditions of release set out in present law, require bail to be given; (4) 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. This bill revises this provision to instead require that bail be set at the lowest amount necessary to reasonably assure the appearance of the defendant as required; and (5) This bill prohibits a magistrate, in determining the amount of bail, from setting bail at an amount that a defendant does not have the ability to pay, for the purpose of detaining a defendant who is otherwise eligible for pretrial release, or impose a monetary condition that results in pretrial incarceration solely because the defendant is unable to pay the imposed monetary condition. In making that determination, the magistrate may consider all resources available to the defendant from any lawful source.