Texas 2021 - 87th 3rd C.S.

Texas Senate Bill SJR1

Caption

Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.

Impact

The introduction of SJR1 is expected to significantly alter the landscape of bail regulations in Texas. By empowering judges with the ability to deny bail in specific circumstances, the bill aims to enhance community safety, especially in cases involving violent crime and sexual offenses. However, it raises questions about the potential impact on the presumption of innocence and the rights of defendants, particularly in relation to how 'clear and convincing evidence' is defined and assessed during bail hearings. The amendment emphasizes a shift towards prioritizing public safety over the automatic right to bail, reflecting ongoing concerns about violence and reoffending while awaiting trial.

Summary

SJR1 is a proposed constitutional amendment aimed at reforming the state's bail system. It requires judges or magistrates to impose the least restrictive conditions of bail to ensure that defendants appear in court and that the safety of the community, law enforcement, and victims is taken into account. Importantly, the bill authorizes judges to deny bail for individuals accused of violent or sexual offenses or for those involved in continuous trafficking of persons, upon establishing clear and convincing evidence that imposing bail would not ensure the defendants' appearance or community safety. This amendment seeks to address public safety concerns while attempting to maintain judicial discretion in bail decisions.

Sentiment

Discussion surrounding SJR1 has been contentious, showcasing a polarization in viewpoints. Proponents argue that the amendment is a necessary step to protect victims and the public from potentially dangerous individuals who might otherwise be released on bail. Critics, however, voice concerns that the bill could undermine the fundamental principles of justice by allowing for pre-trial detention based on allegations rather than convictions. This division reflects broader societal debates over crime, punishment, and the balance of protecting community safety while upholding civil liberties.

Contention

One notable point of contention is the bill's provision for denying bail, which opponents suggest may lead to unjust results where individuals accused of crimes, particularly non-violent offenses, could be held without the possibility of bail. The criteria for denying bail may disproportionately affect marginalized communities and lead to concerns regarding the equitable application of justice. Furthermore, the bill mandates that judges provide written orders explaining their decisions to deny bail, suggesting an intent to create a transparent judicial process, yet the impact of such requirements on judges' discretion remains to be fully understood.

Companion Bills

TX HJR12

Same As Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.

Previously Filed As

TX SJR44

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.

TX HJR181

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.

TX HJR94

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.

TX SJR51

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.

TX SB1010

Relating to requiring the denial of bail to a person accused of committing certain trafficking or sexual offenses against a child while released on bail for committing a similar offense.

TX HJR99

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.

TX HB2955

Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.

TX HB2117

Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.

TX SB1971

Relating to liability of judges and magistrates for the improper release on personal bond of defendants accused of committing certain felony offenses.

TX HJR133

Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with stalking or an offense involving family violence.

Similar Bills

No similar bills found.