summary
Introduced
02/03/2026
02/03/2026
In Committee
02/06/2026
02/06/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Code of Criminal Procedure of 1963. 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: (1) violation of conditions of pretrial release, and it is alleged that the defendant's pretrial release poses a real and present threat to the safety of any person or persons or the community, based on the specific articulable facts of the case; or (2) a felony or misdemeanor offense and (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed. Establishes timelines for different offenses for filing petitions seeking pretrial detention. Provides that if the State seeks as a basis to file a petition for pretrial detention that a person charged with a felony or misdemeanor offense (i) has abused and manipulated the pretrial release system causing undue delay on the proceedings or (ii) has shown that he or she will not appear for court regardless of the conditions of release that are imposed, the State shall be required to present a verified application setting forth in detail the conduct of the defendant that forms the basis of the allegation that the defendant has abused and manipulated the pretrial release system causing undue delay on the proceedings or has shown that he will not appear for court regardless of the conditions of release that are imposed. Provides that upon verified application by the defendant, the court before which the proceeding is pending may reconsider the continued detention of the defendant. Provides that the defendant shall be required to present a verified application setting forth in detail any new facts not known or obtainable at the time of the previous detention hearing. Provides that if the court grants release where it had previously detained the defendant, the court shall state on the record of the proceedings the findings of facts and conclusions of law upon which such order is based. Makes other changes.
AI Summary
This bill modifies the Code of Criminal Procedure to allow for pretrial detention, meaning a defendant can be held in jail before their trial, under specific circumstances. The State can petition the court to deny pretrial release if the defendant is charged with violating conditions of their release and poses a real and present threat to safety, or if they are charged with a felony or misdemeanor and have either abused the pretrial release system causing delays or demonstrated they will not appear in court. The bill also establishes timelines for filing these petitions and requires the State to provide detailed information supporting allegations of system abuse or flight risk. Additionally, defendants can petition the court to reconsider their continued detention by presenting new facts, and if released after being detained, the court must explain its reasoning.
Sponsors (6)
Dennis Tipsword (R)*,
John Cabello (R),
David Friess (R),
Tony McCombie (R),
Dan Ugaste (R),
Patrick Windhorst (R),
Last Action
Added Co-Sponsor Rep. Tony M. McCombie (on 02/10/2026)
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