Proposing a constitutional amendment denying bail to certain persons who are unlawfully present in the United States and are taken into custody for committing a felony.
Impact
If approved, this amendment would significantly impact how bail is granted in Texas, particularly affecting non-citizens and undocumented individuals charged with felonies. It would place additional restrictions on bail eligibility for a specific demographic, thereby altering state practices in adhering to traditional bail standards. The legislation suggests a hardening of state policies regarding unlawful presence and felony charges, likely reflecting a broader national discourse on immigration reform.
Summary
HJR86 is a joint resolution proposing a constitutional amendment to deny bail to individuals unlawfully present in the United States who are charged with committing a felony. The proposed amendment aims to amend Article I of the Texas Constitution by adding Section 11d, which states that such individuals shall be denied release on bail pending trial if a judge or magistrate determines, after a hearing, that the individual is not a U.S. citizen or lawful resident. This resolution is correlated with ongoing discussions regarding immigration laws and state law enforcement.
Contention
As with many immigration-related measures, HJR86 may face contention within the legislature and among the public. Supporters might argue that denying bail is a necessary step to enhance public safety by preventing potential repeat offenders from being released. Conversely, opponents could express concerns about due process rights and the potential stigmatization of non-citizens. Furthermore, the implementation of such a measure raises questions about its fairness and effectiveness in addressing the underlying issues of crime and immigration.
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 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.
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 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.
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.