Texas House Bill HJR39

Texas 2013 - 83rd Regular

• Filed: 11/12/12

Caption

Proposing a constitutional amendment authorizing the denial of bail to certain persons charged with a violent or sexual offense after having been previously convicted of a violent or sexual offense.

Impact

The proposed changes have significant implications for state laws regarding bail and pre-trial releases. In particular, it affects individuals charged with serious crimes such as murder, aggravated assault, aggravated kidnapping, and sexual offenses. By enabling the courts to deny bail more readily in cases involving repeat offenders, HJR39 seeks to deter future violent crime and protect community members from potentially dangerous individuals while awaiting trial.

Summary

HJR39 is a joint resolution proposing a constitutional amendment that would authorize the denial of bail to individuals charged with violent or sexual offenses who have previously been convicted of similar crimes. This amendment aims to enhance public safety by allowing judges to refuse bail based on past convictions. Specifically, the amendment modifies Section 11a of Article I of the Texas Constitution, adding provisions that permit such denials after a judicial hearing to assess the risks involved.

Contention

While proponents of HJR39 argue that it is a necessary step towards better public safety and accountability for repeat offenders, opponents raise concerns about the potential for misuse of discretion by the courts. Critics fear this could lead to unjust outcomes where individuals are held without bail based on the perception of danger rather than objective risk assessments. The debate around the bill also touches on broader issues of criminal justice reform and the balance between public safety and the rights of the accused.