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HB0397

Violations of Pretrial Release Conditions for Violent Crimes

Last scannedAug 24, 2026, 10:35 AM

In one sentence

This law creates a new crime for people who break court rules while on pretrial release for specific violent offenses and sets stricter arrest, detention, and penalty rules.

What it does

  • Creates a first-degree misdemeanor charge if someone willfully breaks certain conditions of their pretrial release after being arrested for listed violent crimes.
  • Increases the penalty to a third-degree felony if a person commits a second or later violation of these conditions.
  • Requires that anyone arrested for breaking these rules must stay in custody until their first court appearance hearing.
  • Orders courts to consider victim safety, public safety, the severity of the original crime, past compliance with orders, and evidence of intent to intimidate when deciding whether to keep someone detained or release them again.
  • Allows police officers to arrest a person without a warrant if they have probable cause that the person broke these pretrial conditions.
  • Protects law enforcement officers from civil lawsuits for making arrests based on probable cause under this new rule.

Who it affects

  • People currently on pretrial release who were arrested for specific violent crimes like murder, manslaughter, assault, battery, stalking, kidnapping, robbery, or other felonies involving force.
  • Law enforcement officers responsible for arresting individuals suspected of violating these conditions.
  • Courts that must review cases and decide whether to order detention or grant further release.

Limits and unknowns

  • This law only applies if the original arrest was for one of the specific violent crimes listed in the text.
  • The new rules do not take effect until October 1, 2026.
  • The bill refers to conditions described in other existing laws rather than listing every possible condition.

Plain language

Terms to know

Pretrial Release
When a person accused of a crime is allowed to stay out of jail while waiting for their trial, often with specific rules they must follow.
Probable Cause
A reasonable belief based on facts that a law was broken or a condition was violated.
First Appearance Hearing
The first time an arrested person appears before a judge to hear the charges and discuss release conditions.

Official record

Sources

Source attached

Official summary

Violations of Pretrial Release Conditions for Violent Crimes

Official activity

Bill history

  1. Chapter No. 2026-155