No. CS/CS/HB 397
Filed under Criminal Justice.
Violations of Pretrial Release Conditions for Violent Crimes; Provides that person who is on pretrial release for specified violent crime commits separate criminal offense if such person willfully violates certain conditions of pretrial release; provides penalty for second or subsequent violation; requires person who is arrested for committing specified violations to be held in custody until his or her first appearance hearing; requires court to consider certain factors in determining whether to order pretrial detention or grant pretrial release; provides that law enforcement officer is not liable in civil action for arrest of person based on probable cause to believe that person has violated condition of pretrial release in specified circumstances; authorizes law enforcement officer to arrest person without warrant if there is probable cause to believe that person has willfully violated certain conditions of pretrial release.
Plain English Summary
AI-GENERATEDA person on pretrial release for a specified violent crime commits a first-degree misdemeanor if they willfully violate a court-imposed condition. This creates a new criminal charge for conduct that previously resulted only in a revocation hearing.
A second or subsequent violation of these conditions is classified as a third-degree felony. This escalates the penalty for repeat offenders from a civil matter to a serious criminal conviction.
Officers may arrest a suspect without a warrant if they have probable cause to believe a release condition was willfully violated. This expands the circumstances under which police can take someone into custody.
Officers are immune from civil liability for arrests made based on probable cause of a violation. This protects law enforcement from lawsuits when they act on their belief that a condition was broken.
AIRequires that a person arrested for a release violation or a new crime while on release be held in custody until their first appearance hearing.
AIAuthorizes law enforcement officers to arrest a person without a warrant if there is probable cause to believe they willfully violated release conditions.
AIGrants law enforcement officers immunity from civil liability for arrests made based on probable cause of a release condition violation.