Texas 2021 - 87th Regular

Texas House Bill HJR163

Caption

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

Impact

If enacted, the amendment would modify Article I of the Texas Constitution by introducing Section 11d, directly affecting how bail is handled for individuals charged with specific offenses. The legislation is expected to tighten the bail conditions for repeat offenders, emphasizing public safety and the judicial system's ability to manage individuals who repeatedly evade law enforcement. The bill will not only alter individual cases but could also influence broader criminal justice policies regarding bail and detention.

Summary

HJR163 is a joint resolution proposing an amendment to the Texas Constitution that authorizes the denial of bail for certain individuals arrested for evading arrest or detention. The proposed amendment would allow a judge or magistrate to deny bail if it is determined, by a preponderance of the evidence, that the individual has been charged with evading arrest at least two times within a thirty-day period. This change is aimed at addressing concerns around repeat offenders and the potential risks they may pose to the community while awaiting trial.

Contention

While proponents argue that HJR163 will improve public safety by preventing individuals who evade law enforcement from being released on bail multiple times, opponents express concern over potential abuses of judicial discretion. Critics fear that this amendment could disproportionately impact low-income individuals unable to meet bail requirements, perpetuating cycles of poverty and incarceration. The dialogue surrounding the bill reflects ongoing tensions in the broader discourse about criminal justice reform and the balance between public safety and individual rights.

Companion Bills

No companion bills found.

Previously Filed As

TX HJR99

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.

TX SJR51

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.

TX HJR94

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.

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 HB405

Relating to the appearance of an arrested person before a magistrate and to the retention of certain related records.

TX HJR181

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.

Similar Bills

No similar bills found.