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 passed, SJR8 would significantly affect the state's approach to bail, particularly regarding individuals with unlawful presence status. By implementing a constitutional amendment, the bill would limit the ability of certain felons to secure pretrial release based solely on their immigration status. This change in state law could lead to longer detentions for those affected and is seen as a response to ongoing debates about immigration enforcement and public safety.
Summary
SJR8 proposes an amendment to the Texas Constitution that would enable the denial of bail to certain individuals who are unlawfully present in the United States and are taken into custody for committing a felony. The main provision of the bill is that a judge or magistrate may deny bail following a hearing if the individual is found not to be a citizen or lawful resident. This amendment aims to address concerns surrounding public safety and the criminal justice system's handling of undocumented individuals involved in serious offenses.
Contention
The bill has raised various points of contention among legislators and advocacy groups. Supporters argue that denying bail for undocumented individuals charged with felonies is a necessary measure to protect public safety, claiming that it prevents potential flight risks and ensures that serious offenders remain in custody until trial. Conversely, critics argue that SJR8 could lead to discriminatory practices against non-citizens and infringe upon the rights of individuals, particularly when it comes to the presumption of innocence. Furthermore, there are concerns that the bill could exacerbate existing inequalities within the criminal justice system.
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.