Proposing a constitutional amendment authorizing the denial of pretrial release of a person accused of a noncapital offense if necessary to ensure the person's appearance in court and the safety of the community and the victim of the alleged offense.
Impact
Should SJR50 be ratified, it would significantly alter the current approach to bail and pretrial release in Texas. Presently, individuals accused of offenses are generally eligible for pretrial release. The proposed amendment introduces a mechanism for judges to deny this eligibility based on evidence that safeguards for bail are not adequate. This change could lead to an increase in the number of defendants being held pretrial, influencing the judicial landscape concerning bail practices and potentially resulting in longer detentions before trial for many accused individuals. This could have particular implications for those accused of lesser offenses who may pose risks to victims or the community.
Summary
SJR50 is a proposed constitutional amendment introduced in Texas that seeks to amend Section 11 of Article I of the Texas Constitution. The primary objective of the amendment is to permit the denial of pretrial release for individuals accused of noncapital offenses under specific circumstances. This would allow a judge or magistrate to determine that traditional bail conditions are insufficient to ensure the accused's presence in court or the safety of the community and the victim of the alleged crime. The bill aims to address concerns regarding accountability and safety for victims and the community in cases where further oversight is warranted prior to trial.
Contention
The bill has raised notable points of contention, particularly regarding its potential to affect the rights of the accused. Advocates for the amendment argue that it enhances community safety and victim protection by allowing for more stringent oversight of individuals who might otherwise be released prior to trial. Critics, however, raise concerns about the erosion of rights for defendants, suggesting that it may lead to unjustified pretrial detentions and exacerbate issues related to the presumption of innocence. The discussion surrounding SJR50 reflects broader debates about the balance between public safety and individual rights within the judicial system.
Enabled by
Relating to bail and to judicial education regarding bail practices.
TX HJR98
Identical
Proposing a constitutional amendment authorizing the denial of pretrial release of a person accused of a noncapital offense if necessary to ensure the person's appearance in court and the safety of the community and the victim of the alleged offense.
Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.
Proposing a constitutional amendment requiring the denial of bail to certain persons arrested for an offense resulting in the death of or serious bodily injury to a person younger than 18 years of age.
Proposing a constitutional amendment authorizing the legislature to enact laws providing for the denial of bail to a person accused of committing a trafficking or sexual offense against a child while released on bail for committing a similar offense.
Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.
Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.
Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.