Texas House Bill HJR96

Texas 2021 - 87th Regular

Caption

Proposing a constitutional amendment authorizing the denial of bail to an accused person if necessary to ensure the person's appearance in court and the safety of the community and of any person, including the victim of the alleged offense.

Impact

If enacted, this amendment could significantly impact state laws regarding pretrial release and the treatment of accused individuals awaiting trial. By granting judges greater authority to deny bail in specific circumstances, HJR96 aims to address concerns over individuals who may pose a flight risk or a danger to others. Supporters of this amendment argue that it can enhance public safety and ensure that alleged offenders do not evade justice by leaving the jurisdiction before their court date.

Summary

HJR96 proposes a constitutional amendment that would allow for the denial of bail to individuals accused of crimes, should it be necessary to ensure their appearance in court or to protect the safety of the community and any individuals involved, including victims. This bill seeks to amend the Texas Constitution by adding a new section that explicitly allows judges or magistrates to deny bail if they determine that no conditions of release would sufficiently guarantee these outcomes. The proposal places a burden on the judiciary to evaluate the risk posed by the accused based on 'clear and convincing evidence.'

Contention

However, the bill is not without its points of contention. Critics argue that denying bail undermines the presumption of innocence that is a fundamental tenet of the judicial system. They express concerns that such provisions might disproportionately affect individuals from lower socioeconomic backgrounds who might not have the means to meet bail conditions. Additionally, opponents worry that the expanded criteria for denying bail could lead to increased pretrial detention, raising ethical and social justice issues regarding the fair treatment of accused persons.