House Bill No. 109, introduced by Representative Wilford Carter, amends the Code of Criminal Procedure to enhance the considerations taken into account when fixing the amount of bail. The bill specifically adds a new factor, stating that the amount of bail must consider the presumption of innocence until the defendant is proven guilty. Additionally, it modifies the existing provisions regarding the modification of bail amounts, stipulating that when a written motion to reduce bail is filed, it must be heard within 45 days unless good cause is shown otherwise.
The bill retains the current factors for determining bail, which include the seriousness of the offense, the weight of evidence, the defendant's criminal record, and other relevant circumstances. The amendments aim to ensure that the rights of defendants are respected while also addressing community safety. The changes reflect a balance between the presumption of innocence and the need for appropriate bail conditions.