Legal Analysis of Governor Abbott's Bail Executive Order GA-13

Bail Experts Discuss Compliance With The  Governor's Executive Order on Bail

As a part of our continuing services to Counties during the COVID-19 pandemic, the Professional Bondsmen of Texas has approached several attorneys who specialize in bail law and sought their analysis regarding the Governor's Executive Order GA-13.  Here are the responses we received:

1. The Executive Order addresses only the use of PR bonds in certain situations.  
2. The Executive Order does not alter or change the process for setting bail under Texas Law. 
3.  Since the process of setting bail is done before a determination of whether a person is eligible for a PR bond is made, bail can continue to be set as usual in most counties.  Nothing in this order prevents a trial court from setting bail. 
4. Nothing in the Order requires the denial of bail for certain charges such as assault.  Instead, the Executive Order precludes the use of a PR bond forcertain charges.
5. If your county is providing individual magistration and bail is set as a result of this process, then nothing needs to change for setting bail.  Changes may be needed to addess the eligiblity for a PR bond, but not the setting of bail.
6. If your county is using a bail schedule, the schedule does not need to be changed unless it authorizes a PR bond.  
7. Change will be needed in the process of approving PR bonds even if your court uses a Standing Order or General Order authorizing the posting of a PR bond because under the Executive Order, a defendant whose criminal histroy includes a past conviction for a crime involving physical violence or the threat of physical violence, the defendant is not entitled to a PR bond.  Therefore, the court will have to review the defendant's criminal history to comply with the executive order.
8. Additionally,change will be needed in the process of approving PR bonds even if your court uses a Standing Order or General Order authorizing the posting of a PR bond because under the Executive Order, a defendant whose current charge includes a crime involving physical violence or the threat of physical violence supported by probable cause, the defendant is not entitled to a PR bond.
9. Individuals serving a sentence in the county jail who are not charged with a crime involving physical violence or the threat of physical violence may be eligible for a PR bond for release if authorized by a court.
10. A county cannot release convicted inmates and replace jail with electronic monitoring if the defendant's conviction consisted of a crime involving physical violence or the threat of physical violence.

A copy of the Executive order may be found by CLICKING HERE.