CS/SB 271 REPEAT FELONY OFFENDER NO BOND HOLD

Sen Daniel A Ivey-Soto

Actions: [6] SCC/SHPAC/SJC-SCC-germane-SHPAC- DP/a-SJC [10] DNP-CS/DP [12] PASSED/S (27-1) [15] HJC-HJC- DP - PASSED/H (57-10) SGND BY GOV (Mar. 4) Ch. 53.

Scheduled: Not Scheduled

 Senate Bill 271 (SB 271) requires a defendant to be held in jail without bond for a violation of conditions of release until there is a hearing to consider modification or revocation of those conditions of release. This bill has an emergency clause, to take effect immediately. 

 Senate Bill 271 (SB 271) enacts a new section of criminal procedure requiring a no-bond hold for certain violations of release. The bill addresses instances when a defendant is on pretrial release for a felony offense and is arrested for another felony.  When this occurs, the chief clerk of the court must issue an order for the defendant to remain in custody without bond. 

SB 271 requires the defendant to remain in custody until there is a hearing for each of the prior felony cases relating to whether to modify or revoke the defendant’s conditions of release. 

SB 271 has an emergency clause, to take effect immediately. 
 

 Currently, a defendant who is arrested for a felony offense while on pretrial release for another felony is not automatically held in jail without bond.   

 On February 2, 2024, the Senate Health and Public Affairs Committee amended SB 271 by changing what the chief clerk must do when notified that a person on pretrial release for a felony has been arrested for another felony.  The amendment replaces the requirement that the chief clerk issue “an order” for the person to remain in custody without bond with the requirement that the chief clerk issue “a notice to the detention center directing” the person to remain in custody without bond.  

 The Senate Judiciary Committee Substitute for SB 271 requires a court to hold a person for a violation of conditions of release so that the court can consider either modifying or revoking those conditions of release. 

It provides that when a court is notified that a person on pretrial release for a felony is arrested for a new felony offense, the court must issue an order for the person to remain in custody. 

The person must remain in custody until each judge assigned to any of the pending felony cases considers whether to modify or revoke that person’s conditions of release.

The committee substitute has a temporary provision that allows the supreme court to issue rules to implement the provisions of the bill. 
 

 SB 271 is related to HB 44, SB 122 and SJR 11