summary
Introduced
11/14/2025
11/14/2025
In Committee
01/14/2026
01/14/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. Provides that in cases involving domestic violence or sex offenses, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age, the presumption is that the defendant is to be detained, unless the judge makes a finding that the defendant is not a threat to the alleged victim, witnesses, or community. Provides that upon this finding, the defendant is entitled to be released on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense and complies with all terms of pretrial release. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with domestic battery or aggravated domestic battery or a sex offense, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age and the judge cannot make a finding that (rather than it is alleged that) the defendant's pretrial release does not pose (rather than poses) a real and present threat to the safety of the victim, the victim's family, or society (rather than any person or persons or the community), based on the specific articulable facts of the case.
AI Summary
This bill amends the Code of Criminal Procedure to modify pretrial release rules, specifically focusing on cases involving domestic violence or sex offenses where the victim is under 18 years old. The bill establishes a presumption of detention for defendants in these cases, with the possibility of release only if a judge finds the defendant is not a threat to the victim, witnesses, or community. Under the new provisions, when the State files a verified petition, the court can deny pretrial release if the defendant is charged with domestic battery, aggravated domestic battery, or a sex offense against a minor, and the judge cannot confidently determine that the defendant's release would not pose a threat to the victim, their family, or society. The bill shifts the language from "it is alleged that" to requiring a more definitive finding about the potential danger, effectively making it harder for certain defendants to be released before trial. The legislation aims to provide additional protections for victims, particularly minors, by creating a stricter standard for pretrial release in cases involving domestic and sexual violence.
Sponsors (8)
Dennis Tipsword (R)*,
John Cabello (R),
David Friess (R),
Nicole La Ha (R),
Tony McCombie (R),
Patrick Sheehan (R),
Dan Ugaste (R),
Patrick Windhorst (R),
Last Action
Referred to Rules Committee (on 01/14/2026)
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