Texas House Bill HJR94

Texas 2023 - 88th Regular

• Filed: 1/26/23

Caption

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.

Impact

If enacted, HJR94 would significantly alter the current bail system in Texas, particularly concerning violent felonies. This would involve amending Article I, Section 11 of the Texas Constitution to provide the legislature the authority to establish minimum bail amounts for violent felony offenses. Furthermore, it would enable judges to deny bail to individuals accused of felonies committed while on bail for previous felonies under most circumstances, unless they can demonstrate extraordinary circumstances warranting their release. This change could potentially lead to an increase in the number of defendants held in custody pre-trial, reflecting a shift towards heightened public safety concerns.

Summary

HJR94 is a joint resolution proposing a constitutional amendment in Texas that would authorize the legislature to set a minimum monetary bond amount for individuals charged with certain violent felony offenses. The resolution also stipulates that bail may be denied for those accused of committing a felony while already released on bail for a prior felony. The intention is to allow for stricter bail conditions and is aimed at addressing concerns over violent crime and repeat offenders in the state, by ensuring that certain individuals meet more stringent bail criteria before being released from custody.

Sentiment

The sentiment surrounding HJR94 appears to be polarized. Proponents argue that setting minimum bail amounts and denying bail for certain repeat offenders reflects a necessary response to public safety issues in light of recent violent crime trends. They believe this contributes positively toward maintaining the safety of communities by preventing individuals who may pose a risk from being released. Conversely, opponents of the amendment express concerns regarding the potential for overreach and the erosion of the right to a fair trial by increasing pre-trial detention. They argue this could lead to unjust outcomes, particularly for marginalized communities, as it may disproportionately affect those unable to meet higher bail requirements.

Contention

Notable points of contention include the balance between public safety and individual rights. Critics caution that the bill may place undue hardships on individuals, particularly those charged with non-violent offenses or those who pose no significant flight risk but are unable to afford bail. Additionally, there are debates within the legislature and among the public regarding whether these measures would effectively reduce violent crime or simply increase the prison population without addressing the underlying issues contributing to crime. Overall, the discussion around HJR94 reflects broader conversations about justice reform, community safety, and the legislative response to crime.