Modifies Supreme Court Rule 33.01 relating to conditions of release from custody in criminal proceedings

This act repeals this provision and provides that the court shall have discretion to impose monetary or non-monetary conditions of release as the court determines appropriate under the individual circumstances of the defendant and the case. However, in making this determination, the court shall give substantial weight to: (1) The defendant’s prior criminal convictions or history of criminal activity; (2) Any prior failures to appear in court by the defendant; (3) The nature and seriousness of the current criminal charge; and (4) Any known risk to the safety of the community or other person.

The court shall not be required to exhaust non-monetary conditions before setting monetary conditions if such conditions are necessary to reasonably assure the appearance of the defendant and protect the safety of the public or certain persons. The discretion of the court under this rule shall be presumed to be valid and shall not be disturbed upon review absent a clear abuse.

This act shall become effective on January 1, 2027.

This act is identical to HB 3481 (2026), and is similar to SB 1243 (2026). TRISTAN BENSON, JR.