Texas House Bill HJR99

Texas 2023 - 88th Regular

• Filed: 2/3/23
• Out of House Committee: 5/8/23

Caption

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.

Impact

If passed, HJR99 would significantly alter the approach to bail in Texas, particularly in cases involving heinous crimes against minors. The proposed law allows for a period of up to 30 days of detention pending trial, which proponents argue is necessary to protect communities from individuals deemed a potential threat. By establishing a framework for denying bail in specific cases, the resolution aims to enhance accountability and public safety. Critics of the bill, however, have expressed concerns over potential infringements on individual rights and the presumption of innocence.

Summary

HJR99 is a joint resolution proposing a constitutional amendment that would mandate the denial of bail to individuals arrested for offenses resulting in the death or serious bodily injury to minors under 18 years of age. The resolution emphasizes a stricter bail procedure aimed at enhancing community safety, particularly in cases involving vulnerable populations such as children. This amendment outlines that a judge must determine, by a preponderance of the evidence, that the individual engaged in the alleged conduct and that bail is insufficient to ensure their appearance in court or the safety of others.

Sentiment

The sentiment surrounding HJR99 is notably polarized. Supporters, including specific legislators who highlighted tragic incidents involving minors, view this amendment as a vital step toward protecting the most vulnerable in society. They argue that the changes to bail laws are essential for deterring serious crimes against children and ensuring that offenders are held accountable. In contrast, opponents fear that this could lead to undue confinement of individuals who have not yet been convicted, and they warn against the erosion of fundamental judicial principles.

Contention

There are notable points of contention surrounding HJR99, particularly regarding the balance between public safety and individual rights. Critics have raised alarms about the potential for abuse of this provision, warning that it could undermine civil liberties by allowing the state to detain individuals for extended periods without a conviction. Furthermore, the discussion around the bill highlighted concerns from various advocacy groups about long-term implications for Texas's criminal justice system and the potential for an increase in pre-trial detention rates.