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 HJR98 be enacted, it would amend Section 11 of Article I of the Texas Constitution, which currently states that individuals accused of offenses are generally eligible for pretrial release. The proposed changes would introduce criteria for denying such release, specifically emphasizing the need for ensuring court appearance and protecting potential victims and community safety. This shift signifies a more stringent approach to pretrial release, allowing courts to assess case risks more holistically based on evidence presented during hearings.
Summary
HJR98 is a joint resolution proposing a constitutional amendment that would allow for the denial of pretrial release for individuals accused of noncapital offenses under specific circumstances. The amendment seeks to empower judges or magistrates to deny pretrial release if they determine, by clear and convincing evidence, that other forms of release, such as bail and conditions, are insufficient to ensure that the accused appears in court or to protect community safety and the victims involved in the case. This proposed amendment aims to enhance judicial discretion in managing cases that may pose risks if defendants are released prior to trial.
Contention
The amendment has sparked debates regarding the balance between upholding individual rights to pretrial liberty and ensuring community safety. Proponents argue that it is crucial for maintaining public safety and ensuring that defendants do not abscond, especially in cases that may involve serious allegations. Critics, however, suggest that the amendment could lead to undue detention of defendants merely based on accusations, undermining the principle of 'innocent until proven guilty'. They express concerns that such measures might disproportionately affect lower-income individuals who cannot secure bail, thereby exacerbating social inequities within the legal system.
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.