Texas Court of Criminal Appeals- It is Error To Not Consider The Public Safety Report
On December 6, 2023, the Texas Court of Criminal Appeals handed down an opinion in Cause No. PD-0513-23; Ex Parte Gayosso ; In the Texas Court of Criminal Appeals. The case arose from Waller County and was presented to the court on a Petition for Discretionary Review from the 14th Court of Appeals. The case dealt with the Damon Allen Act which requires that a "public safety report" be prepared when a magistrate is considering the release on bail of a person charged with a Class B misdemeanor offense or higher. The Court noted that the statute requires the magistrate to "conside" the report before setting bail. On appeal, the Court noted that the court of appeals "appears not to have reviewed the public safety report." The Texas Court of Criminal Appeals held that this was error. The first part of the opinion dealt with the effective date of the Damon Allen Act which was January 1, 2022. Further, the Court noted that the Act contained an exemption th