Clarifications To 48-hour Bond Hearing Requirement
| Type | Bill |
|---|---|
| Session | 2023 Regular Session |
| Subjects |
Concerning clarifications to the requirements that the court conduct a bond hearing within forty-eight hours after an individual is placed in jail.
Bill Summary:
Current law requires an individual who is in jail to be brought before a judge for a bond hearing within 48 hours of arriving at the jail. The act clarifies the circumstances when the 48-hour requirement does not apply when the individual is unable to attend court. When an arrestee is unable to attend court within the 48-hour requirement, the sheriff shall create a list of those individuals, the date of the individual's arrest, and the location where the individual is in custody. The sheriff shall document the length of the delay, the reason for the delay, and the efforts to abate a delay caused by an emergency. As soon as an emergency has sufficiently abated, the act requires the sheriff to make the in-custody arrestee available to appear.
The act also clarifies that the 48-hour requirement applies regardless of whether:
- The individual is held in custody in a jurisdiction other than the one that issues the arrest warrant;
- Money bond was previously set ex parte; or
- The in-custody arrestee did not appear for a first appearance.
EFFECTIVE October 1, 2023
(Note: This summary applies to this bill as enacted.)
Related Documents & Information
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.006 (Attachment C) | The motion passed without objection. | Vote summary |
| Adopt amendment L.007 (Attachment D) | The motion passed without objection. | Vote summary |
| Refer House Bill 23-1151, as amended, to the Committee of the Whole and with a recommendation that it be placed on the consent calendar. | The motion passed on a vote of 5-0. | Vote summary |
| Activity | Vote | Documents |
|---|---|---|
| Adopt amendment L.005 | The motion passed without objection. | Vote summary |
| Refer House Bill 23-1151, as amended, to the Committee of the Whole. | The motion passed on a vote of 11-2. | Vote summary |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 03/29/2023 | Senate Amendments | REPASS |
53
AYE
11
NO
1
OTHER
|
Vote record |
| 03/29/2023 | Senate Amendments | CONCUR |
64
AYE
0
NO
1
OTHER
|
Vote record |
| 02/22/2023 | Third Reading | BILL |
51
AYE
12
NO
2
OTHER
|
Vote record |
| Date | Calendar | Motion | Vote | Vote Document |
|---|---|---|---|---|
| 03/24/2023 | Third Reading | BILL |
32
AYE
0
NO
3
OTHER
|
Vote record |
| Date | Location | Action |
|---|---|---|
| 04/20/2023 | Governor | Governor Signed |
| 04/14/2023 | Governor | Sent to the Governor |
| 04/13/2023 | Senate | Signed by the President of the Senate |
| 04/12/2023 | House | Signed by the Speaker of the House |
| 03/29/2023 | Senate | House Considered Senate Amendments - Result was to Concur - Repass |
| 03/25/2023 | Senate | House Considered Senate Amendments - Result was to Laid Over Daily |
| 03/24/2023 | Senate | Senate Third Reading Passed - No Amendments |
| 03/23/2023 | Senate | Senate Second Reading Passed with Amendments - Committee |
| 03/20/2023 | Senate | Senate Committee on Judiciary Refer Amended - Consent Calendar to Senate Committee of the Whole |
| 02/23/2023 | Senate | Introduced In Senate - Assigned to Judiciary |
| 02/22/2023 | House | House Third Reading Passed - No Amendments |
| 02/21/2023 | House | House Second Reading Special Order - Passed with Amendments - Committee |
| 02/15/2023 | House | House Committee on Judiciary Refer Amended to House Committee of the Whole |
| 01/31/2023 | House | Introduced In House - Assigned to Judiciary |
Prime Sponsor
Sponsor
Co-Sponsor
| Effective Date | Chapter # | Title | Documents |
|---|---|---|---|
| 10/01/2023 | 92 | Clarifications To 48-hour Bond Hearing Requirement |