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.
Impact
If implemented, SJR87 would have a substantial impact on how bail is administered in Texas, specifically for serious offenses. This amendment seeks to align with a growing trend in criminal justice reform, focusing on the need for increased accountability for repeat offenders. By enforcing stricter bail conditions, the amendment aims to support law enforcement efforts and reinforce the idea that individuals with a history of violent crime should not be granted bail easily, thereby addressing concerns over recidivism.
Summary
SJR87 is a proposed constitutional amendment that aims to require the denial of bail for individuals accused of specific felony offenses, particularly those who have prior convictions or were released on bail at the time of the new alleged offense. This measure is designed to enhance public safety by ensuring that repeat offenders do not have the opportunity to pose a risk to the community while awaiting trial. The offenses specified include serious crimes such as murder, aggravated assault, and trafficking of persons, among others.
Sentiment
The sentiment surrounding SJR87 is mixed, with supporters positioning the measure as essential for protecting communities and reducing crime rates. Advocates argue that it sends a clear message about the severity of crimes involved and underscores the importance of public safety. Conversely, opponents of the bill express concerns regarding its implications for the presumption of innocence and the potential for disproportionate effects on marginalized communities. This division reflects broader national conversations about criminal justice policy and reform.
Contention
Notable points of contention include the balance between public safety and individual rights. Opponents worry that the broad categorization of offenses may lead to unjust outcomes for individuals who could be wrongfully accused or who present minimal risk to society. Critics also emphasize the importance of maintaining a judicial system that upholds fair treatment, suggesting that amendments to bail conditions must be carefully considered to avoid overreaching and infringing on civil liberties.
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.
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.
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 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.
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.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to increasing the minimum term of imprisonment and changing the eligibility for community supervision and parole for certain felony offenses in which a firearm is used or exhibited, to certain consequences on conviction of certain of those offenses, and to increasing the criminal penalty for the offense of unlawful possession of a firearm by a person convicted of a felony.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal 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 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.