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 passed, HJR15 would amend Article I of the Texas Constitution by introducing Section 11d, thereby establishing a legal framework under which denial of bail could be exercised in serious criminal cases. The introduction of this section would allow the courts to balance the rights of the accused with the need to maintain community safety, potentially leading to more stringent interpretations of bail eligibility for certain offenders. This shift could impact how bail is set for defendants in Texas, particularly those facing charges that involve violence or sexual misconduct.
Summary
HJR15 proposes a constitutional amendment to allow the denial of bail for individuals accused of certain serious crimes, including violent offenses, sexual offenses, and continuous trafficking of persons. The resolution asserts that judges or magistrates should have the authority to deny bail if there is clear and convincing evidence that doing so is necessary to ensure the defendant's appearance in court and to protect the community or potential victims. This proposed change seeks to bolster public safety by preventing potentially dangerous individuals from being released before trial under specific circumstances.
Election
HJR15 is set to be presented to voters in an election scheduled for November 4, 2025, allowing the public to have a direct say in the potential constitutional amendment. The measure's outcome will reflect the electorate's priorities regarding public safety and individual liberties, making it a significant issue for residents of Texas.
Contention
There are notable points of contention surrounding HJR15, particularly regarding the implications for the accused individual’s rights and due process. Supporters of the measure argue that it is necessary for enhancing the mechanism by which the legal system keeps unsafe individuals off the streets. Conversely, opponents may raise concerns about the potential for misuse or overreach in denying bail, fearing that it could disproportionately affect marginalized communities or undermine the presumption of innocence. This tension between public safety and individual rights will likely provide a focal point for debate as the bill progresses.
Identical
Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.
Same As
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.