Texas House Bill HJR101

Texas 2019 - 86th Regular

Caption

Proposing a constitutional amendment creating a presumption that nonviolent criminal defendants will be released on personal bond unless good cause is shown otherwise.

Impact

The acceptance of HJR101 would significantly alter current bail practices in Texas, making it more challenging to deny bail to individuals charged solely with nonviolent crimes. This amendment is positioned within broader criminal justice reform initiatives that target systemic inequities in pretrial detention. Proponents argue that the change is necessary to uphold the rights of the accused and to reduce overcrowding in jails due to nonviolent offenses.

Summary

HJR101 proposes a constitutional amendment which would establish a presumption that individuals charged with nonviolent offenses would be eligible for release on personal bond pending their trial. This measure aims to enhance the rights of defendants and reduce the reliance on cash bail systems that can disproportionately affect economically disadvantaged individuals. The resolution seeks to amend Section 11 of Article I of the Texas Constitution to ensure that these defendants are released unless a judge can demonstrate significant reasons against such a release.

Contention

Key points of contention surrounding HJR101 include concerns from law enforcement and victims' advocacy groups who argue that the amendment could undermine public safety by quickly releasing individuals who may pose risks to the community. Critics fear that without adequate checks, some defendants may not appear in court or may continue criminal behavior while awaiting trial. Supporters counter these claims by emphasizing that the measure allows judges to retain authority to deny bail where necessary, ensuring that community safety can still be prioritized.

Summary_points

HJR101 is intended to present a more equitable approach to bail for nonviolent offenders and promote a legal standard where personal bonds are the default. This shift reflects ongoing discussions about the need for reform in the justice system to address fairness and the efficiency of pretrial processes. The upcoming vote on this amendment represents a significant moment in Texas's approach to reforming how nonviolent offenders are treated before trial.