Proposing a constitutional amendment denying bail to certain persons charged with a violent or sexual offense after having been previously convicted of a violent or sexual offense.
Impact
If enacted, HJR98 would place significant restrictions on the bail process for certain individuals, directly impacting the rights of individuals charged with violent crimes. The resolution stipulates that judges or magistrates will be required to hold hearings to determine whether bail should be denied based on previous convictions. This could lead to a situation where more individuals remain in custody prior to their trial dates, which proponents argue would protect the community while awaiting resolution of serious charges.
Summary
HJR98 is a joint resolution proposing a constitutional amendment in Texas that aims to deny bail to individuals charged with violent or sexual offenses if they have been previously convicted of similar offenses. This resolution seeks to modify Section 11a of Article I of the Texas Constitution to include specific parameters under which bail can be denied. The intent of the bill is to enhance public safety by reducing the likelihood that repeat offenders can secure bail pending trial, thereby potentially minimizing the risk of reoffending while awaiting legal proceedings.
Contention
The resolution has generated discussions regarding its implications for the justice system, particularly related to concerns about due process and the presumption of innocence. Critics might express concerns that the amendment could disproportionately affect certain demographics or lead to overcrowded jails. Supporters, including likely proponents from law enforcement and victims' advocacy groups, may argue that the proposed changes reflect a necessary step towards improving community safety and holding repeat offenders accountable.
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 sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.
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 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 set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.
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 increasing the criminal penalties for certain repeat sex offenders and to the admissibility of evidence of certain extraneous offenses or acts in the prosecution of certain sexual and assaultive offenses.
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.