Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.
Impact
If enacted, SJR17 would impact the existing procedures surrounding bail in Texas by allowing for more stringent criteria under which bail can be denied. Specifically, it would alter the Texas Constitution to permit judges to refuse bail for individuals charged with severe offenses when the situation warrants. This change could lead to increased pre-trial detention of individuals deemed dangerous, potentially changing the landscape of Texas's bail system and influencing how law enforcement and the courts approach high-risk offenders.
Summary
SJR17 proposes a constitutional amendment to authorize the denial of bail in certain cases involving individuals accused of violent or sexual offenses, as well as continuous trafficking of persons. This amendment introduces a standard whereby a judge or magistrate can deny bail pending trial if they find, through clear and convincing evidence, that releasing the accused poses a risk to the community or jeopardizes court appearances. Such a measure aims to enhance public safety and ensure that individuals charged with serious crimes are appropriately monitored until their trial date.
Contention
The introduction of this amendment is expected to spark discussion regarding the balance between protecting public safety and ensuring that accused individuals retain their rights. Supporters of SJR17 argue that it is necessary to prevent individuals who may pose significant risks from being released before trial, while opponents may raise concerns about the implications for due process and the presumption of innocence. Critics may argue that blanket denial of bail could disproportionately affect marginalized communities and contribute to overcrowding in detention facilities.
Same As
Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.
Identical
Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.
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 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 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.
Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal 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 sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.