HB 4204

Abstract

Amends the Code of Criminal Procedure of 1963. Provides that in cases involving domestic violence or sex offenses, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age, the presumption is that the defendant is to be detained, unless the judge makes a finding that the defendant is not a threat to the alleged victim, witnesses, or community. Provides that upon this finding, the defendant is entitled to be released on personal recognizance on the condition that the defendant attend all required court proceedings and the defendant does not commit any criminal offense and complies with all terms of pretrial release. Provides that upon verified petition by the State, the court shall hold a hearing and may deny a defendant pretrial release if the defendant is charged with domestic battery or aggravated domestic battery or a sex offense, as defined in the Sex Offender Registration Act, in which the victim, at the time of the offense, was under 18 years of age and the judge cannot make a finding that (rather than it is alleged that) the defendant's pretrial release does not pose (rather than poses) a real and present threat to the safety of the victim, the victim's family, or society (rather than any person or persons or the community), based on the specific articulable facts of the case.