BILL ANALYSIS Senate Research Center S.J.R. 17 89R5797 CJD-D By: Huffman Criminal Justice 2/4/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Interested parties contend that a judge or magistrate's goal in setting bail should be to protect public safety and to ensure a defendant's appearance in court. Often, violent offenders can make bail while low-level offenders who pose little to no threat to public safety are not able to make bail. Unfortunately, current options for denying bail pending trial effectively require a full trial on the merits at the time bail is denied and are rarely utilized. S.J.R. 17 increases the public's safety by providing a process for a judge or magistrate to deny bail to defendants charged with sexual offenses punishable as a first-degree felony, violent offenses, or offenses of continuous human trafficking if determined necessary to protect public safety and ensure a defendant's appearance in court. Additionally, S.J.R. 17 requires that a judge or magistrate who denies bail would be required to issue a written order laying out their findings of fact and explaining why the denial of bail is necessary. S.J.R. 17 proposes a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Article I, Texas Constitution, by adding Section 11d, as follows: Sec. 11d. (a) Provides that a person accused of committing a sexual offense punishable as a felony of the first degree, of committing a violent offense, or of committing continuous trafficking of persons may be denied bail pending trial if a judge or magistrate determines by clear and convincing evidence after a hearing that requiring bail and conditions of release is insufficient to reasonably ensure: (1) the person's appearance in court as required; or (2) the safety of the community, law enforcement, or the victim of the alleged offense. (b) Requires a judge or magistrate who denies a person bail in accordance with this section to prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's reason for the denial. (c) Prohibits this section from being construed to: (1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or (2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies. (d) Requires a judge or magistrate, for purposes of determining whether clear and convincing evidence exists to deny a person bail as described by this section, to consider the factors required to be considered by a judge or magistrate in setting bail under general law, including statutory law governing criminal procedure. (e) Defines "violent offense" and "sexual offense." SECTION 2. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.
BILL ANALYSIS
Senate Research Center S.J.R. 17
89R5797 CJD-D By: Huffman
Criminal Justice
2/4/2025
As Filed
Senate Research Center
S.J.R. 17
89R5797 CJD-D
By: Huffman
Criminal Justice
2/4/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Interested parties contend that a judge or magistrate's goal in setting bail should be to protect public safety and to ensure a defendant's appearance in court. Often, violent offenders can make bail while low-level offenders who pose little to no threat to public safety are not able to make bail. Unfortunately, current options for denying bail pending trial effectively require a full trial on the merits at the time bail is denied and are rarely utilized.
S.J.R. 17 increases the public's safety by providing a process for a judge or magistrate to deny bail to defendants charged with sexual offenses punishable as a first-degree felony, violent offenses, or offenses of continuous human trafficking if determined necessary to protect public safety and ensure a defendant's appearance in court. Additionally, S.J.R. 17 requires that a judge or magistrate who denies bail would be required to issue a written order laying out their findings of fact and explaining why the denial of bail is necessary.
S.J.R. 17 proposes a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Article I, Texas Constitution, by adding Section 11d, as follows:
Sec. 11d. (a) Provides that a person accused of committing a sexual offense punishable as a felony of the first degree, of committing a violent offense, or of committing continuous trafficking of persons may be denied bail pending trial if a judge or magistrate determines by clear and convincing evidence after a hearing that requiring bail and conditions of release is insufficient to reasonably ensure:
(1) the person's appearance in court as required; or
(2) the safety of the community, law enforcement, or the victim of the alleged offense.
(b) Requires a judge or magistrate who denies a person bail in accordance with this section to prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's reason for the denial.
(c) Prohibits this section from being construed to:
(1) limit any right a person has under other law to contest a denial of bail or to contest the amount of bail set by a judge or magistrate; or
(2) require any testimonial evidence before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.
(d) Requires a judge or magistrate, for purposes of determining whether clear and convincing evidence exists to deny a person bail as described by this section, to consider the factors required to be considered by a judge or magistrate in setting bail under general law, including statutory law governing criminal procedure.
(e) Defines "violent offense" and "sexual offense."
SECTION 2. Requires that the proposed constitutional amendment be submitted to the voters at an election to be held November 4, 2025. Sets forth the required language of the ballot.