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Committee reviews SB 9 to tighten bail practice, require findings and increase transparency

2283588 · February 12, 2025
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Summary

Senators discussed a committee substitute to SB 9 that would require written or on‑record findings by hearing officers, transfer certain initial bond settings to elected presiding judges, expand reporting, and create an appeal route for prosecutors disputing bond amounts.

Senate Bill 9 (committee substitute) was presented to the Senate Committee on Criminal Justice as part of a multi‑bill package aimed at changing pretrial practices and increasing transparency.

Sponsor Senator Joan Huffman described SB 9 as a follow‑up to SB 6, saying it would give judges and prosecutors more information and tools to make bond decisions in serious cases. The bill would require hearing officers to make express oral or written findings of fact and conclusions of law when they issue a "no probable cause" finding; shift certain initial bond settings (for defendants on parole, defendants with two or more prior felonies, certain violent offenses, or a defendant with a concurrent immigration hold) from criminal law hearing officers to the presiding judge; and add additional offenses that cannot be released on a personal bond.

SB 9 would also mandate increased reporting from charitable bail organizations to the Office of Court Administration (OCA), create an avenue for prosecutors to appeal bond amounts they consider insufficient, and clarify intercounty notification requirements so judges learn when someone out on bond in one county is charged in another.

The bill author said the committee substitute adds technical language from SB 1047 to ensure the public‑safety report system (PSRS) can be adjusted by the Office of Court Administration to incorporate technology upgrades and to clarify how courts in venues that are not courts of record should record no probable‑cause findings.

Witnesses included prosecutors, law enforcement, and victims' family members. Kim Ogg, former Harris County district attorney, told the committee magistrates have increased "no probable cause" findings without providing written reasons, leaving police and prosecutors unable to fix investigative deficiencies. The Office of Court Administration's administrative director gave usage statistics for the PSRS: more than 7,000 active users, roughly 1.5 million bond forms completed since launch, averaging about 500,000 forms annually, and dashboards that allow filtering by county, offense type, and bond type.

Supporters argued SB 9 restores accountability and helps judges make informed decisions. Opponents warned that expanding restrictions and moving more decisions to higher courts could increase pretrial jail populations and fiscal pressure on counties. Several witnesses urged investment in forensic lab capacity and data systems to reduce delays that affect charging and bail decisions.

Procedural note: the committee adopted a committee substitute for SB 9 for discussion after Senator King moved adoption; the transcript shows the substitute was adopted for discussion by unanimous consent.

Ending: SB 9 attempts multiple technical and procedural changes meant to increase judicial transparency and the information available at bond setting; the committee heard competing testimony about public safety benefits and county fiscal impacts.