Texas House Bill HJR10

Texas 2021 - 87th 3rd C.S.

Caption

Proposing a constitutional amendment authorizing the denial of bail to an accused person if a judge or magistrate determines by clear and convincing evidence that requiring bail and conditions of release is insufficient to reasonably ensure the person's appearance in court or the safety of the community or of any person, including the victim of the alleged offense.

Impact

If passed, HJR10 would fundamentally alter the bail process in Texas. By empowering the judiciary to deny bail based on a higher threshold of evidence, the measure intends to prioritize community safety and ensure that accused individuals who may pose a significant threat or flight risk are held pre-trial. The amendment would necessitate a detailed judicial examination of each case, potentially leading to more individuals being held without bail, particularly in serious criminal cases.

Summary

HJR10 proposes a significant amendment to the Texas Constitution that allows judges or magistrates to deny bail to accused individuals if they can determine, by clear and convincing evidence, that the standard bail conditions would not sufficiently ensure the person's appearance in court or the safety of the community and any individuals, including victims of the alleged crimes. This amendment aims to address concerns regarding flight risks and community safety in cases involving serious offenses.

Contention

The proposal has sparked debate among lawmakers and the public concerning the balance between public safety and individual rights. Proponents argue that the amendment is essential for preventing potential criminal activity from accused individuals awaiting trial, particularly in serious offenses where the risk of reoffending or fleeing is heightened. Conversely, critics raise alarms over the implications for rights of the accused, suggesting that it could lead to unjust detentions and exacerbate the existing issues within the criminal justice system, including the challenge of mitigating mass incarceration and ensuring fair treatment for all defendants.