DETENTION-THREAT TO COMMUNITY

Session: 102nd General Assembly
Year: 2022
Bill #: HB5804
Category: Public Safety and Law Enforcement
Position: Under Review
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Pretrial Detention Article of the Code of Criminal Procedure of 1963. Provides that detention only shall be imposed when it is determined that the defendant poses a specific, real and present threat to a person or the community (rather than a specific, real and present threat to a person), or has a high likelihood of willful flight. Makes corresponding changes. Provides that a person may be denied pretrial release if the person poses a real and present threat to the community and is charged with a felony or a Class A misdemeanor. Provides that service of the certified copy of the order to show cause or otherwise why the person is subject to revocation of pretrial release may be completed by service to counsel of record and by United States mail at the address listed with the court.



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