Texas 2023 - 88th Regular

Texas House Bill HJR99

Filed
2/3/23  
Out of Senate Committee
 
Voted on by Senate
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

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.

Impact

If passed, HJR99 would significantly alter the approach to bail in Texas, particularly in cases involving heinous crimes against minors. The proposed law allows for a period of up to 30 days of detention pending trial, which proponents argue is necessary to protect communities from individuals deemed a potential threat. By establishing a framework for denying bail in specific cases, the resolution aims to enhance accountability and public safety. Critics of the bill, however, have expressed concerns over potential infringements on individual rights and the presumption of innocence.

Summary

HJR99 is a joint resolution proposing a constitutional amendment that would mandate the denial of bail to individuals arrested for offenses resulting in the death or serious bodily injury to minors under 18 years of age. The resolution emphasizes a stricter bail procedure aimed at enhancing community safety, particularly in cases involving vulnerable populations such as children. This amendment outlines that a judge must determine, by a preponderance of the evidence, that the individual engaged in the alleged conduct and that bail is insufficient to ensure their appearance in court or the safety of others.

Sentiment

The sentiment surrounding HJR99 is notably polarized. Supporters, including specific legislators who highlighted tragic incidents involving minors, view this amendment as a vital step toward protecting the most vulnerable in society. They argue that the changes to bail laws are essential for deterring serious crimes against children and ensuring that offenders are held accountable. In contrast, opponents fear that this could lead to undue confinement of individuals who have not yet been convicted, and they warn against the erosion of fundamental judicial principles.

Contention

There are notable points of contention surrounding HJR99, particularly regarding the balance between public safety and individual rights. Critics have raised alarms about the potential for abuse of this provision, warning that it could undermine civil liberties by allowing the state to detain individuals for extended periods without a conviction. Furthermore, the discussion around the bill highlighted concerns from various advocacy groups about long-term implications for Texas's criminal justice system and the potential for an increase in pre-trial detention rates.

Companion Bills

No companion bills found.

Previously Filed As

TX SJR5

Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.

TX HJR163

Proposing a constitutional amendment authorizing the denial of bail to certain persons arrested for evading arrest or detention.

TX HJR166

Proposing a constitutional amendment authorizing the denial of bail to a person accused of certain violent offenses or of continuous trafficking of persons.

TX HJR4

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.

TX SJR17

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.

TX HJR15

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.

TX SJR87

Proposing a constitutional amendment requiring the denial of bail to persons accused of certain offenses punishable as a felony who have previously been convicted of or who were released on bail for certain offenses punishable as a felony at the time of the new offense.

TX SJR44

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.

TX HJR1

Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.

TX SJR3

Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.

Similar Bills

No similar bills found.