HB 33

Present law authorizes a person charged with a bailable offense to be ordered released pending trial by a magistrate who is authorized to admit bail. The person can be released (i) in the person's personal recognizance, (ii) upon the execution of an uns ecured appearance bond in an amount specified by the magistrate, or (iii) with conditions of release, which may include the deposit of bail. SAFETY OF COMMUNITY Under present law, the magistrate gives first consideration to ensuring the safety of the community. If the magistrate orders that the person be released pending trial, then the magistrate must impose the least restrictive conditions of release that wil l reasonably ensure the appearance of the person as required and the safety of the community. OFFENSES Under present law, a person charged with any of the following offenses will not be released on their own recognizance without the approval of a general sessions judge, criminal court judge, or circuit court judge having jurisdiction over the current char ges: (i) a Class A felony, (ii) a Class B felony, (iii) aggravated assault, (iv) aggravated assault against a law enforcement officer or first responder, or (v) domestic assault if the violation is a felony offense. Under this bill, there is a presumption that a defendant should not be released on bail on the defendant's own recognizance if the defendant is charged with an offense that involved the use or display of a firearm or resulted in the serious bodily injury or death of the victim. If a magistrate or other official, who is authorized to admit a defendant to bail, determines that the presumption established in this bill has been rebutted, then the magistrate or official must include written findings in their b ail order regarding factors used by the magistrate or official to determine the continued safety of the community upon release. ON MARCH 5, 2026, THE HOUSE SUBSTITUTED SENATE BILL 218 FOR HOUSE BILL 33, ADOPTED AMENDMENTS #2 AND #3, AND PASSED SENATE BILL 218, AS AMENDED. AMENDMENT #2 makes the presumption apply to situations where the defendant is charged with a felony offense that involved the use or display of a firearm or resulted in the serious bodily injury or death of the victim. The provisions of this amendment take effect July 1, 2025. AMENDMENT #3 r edesignates a subsection and changes this bill's effective date from July 1, 2025, to July 1, 2026.