Committee advances HB 228 on bond/hearing procedures amid defense concerns over discovery timing

The Senate Judiciary Committee moved HB 228 forward with a favorable report after extended debate about how the measure would change bond and preliminary hearing procedures and whether defendants would be able to secure timely discovery.

Representative Hill introduced HB 228 as a measure modeled in part on New York law to allow a single recorded hearing to address bond and probable cause, which proponents said can create judicial economy. "This gives the DA and the defense attorney an opportunity to... set a bond," one proponent said in committee.

Several senators and a sitting judge raised concerns that forensic analysis and discovery can take months. One senator warned that, under the proposed process, "the defendant...may not have the information...to be able to prepare for their accuser," and that moving cases quickly to grand jury without readily available discovery could disadvantage defense preparation.

Judge Hill and other supporters said recorded hearings and judicial discretion provide safeguards and that some discovery is ordinarily produced at arraignment or later stages; they also noted improvements in forensic capacity (DNA testing) over time. "Once the evidence is secured, judges have discretion and I trust our judges to do the right thing," a judge said in response to the concern.

After debate over possible fixes—participants suggested offline conversations between judges and sponsors to reconcile concerns—the committee voted to report the bill favorably. The committee record does not show a floor vote tally in the transcript; further work on discovery timing and implementation was encouraged before the bill advances to the floor.