Texas 2025 - 89th Regular

Texas Senate Bill SJR49

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Sent toSOS
 
Proposed Const. Amend.
 

Caption

Proposing a constitutional amendment requiring the denial of bail for an illegal alien charged with an offense punishable as a felony.

Impact

If enacted, SJR49 would significantly alter the legal treatment of illegal aliens facing felony charges in Texas. By denying bail pending trial, the resolution aims to ensure that individuals who do not have legal status are held accountable for their actions while also addressing concerns over public safety and judicial integrity. This proposed amendment would amend Article I of the Texas Constitution by adding Section 11e. The implications of such a change could lead to an increase in the number of illegal aliens held in detention awaiting trial, impacting the state's judicial system and overall legal approach to immigration issues.

Summary

SJR49 is a joint resolution proposing an amendment to the Texas Constitution that mandates the denial of bail for illegal aliens who are charged with felonies. Specifically, the amendment defines 'illegal alien' as individuals who have entered the country without proper inspection or who have failed to maintain their nonimmigrant status. It establishes a legal framework wherein a judge or magistrate can deny bail upon determining that there is probable cause for the felony charges against the individual.

Contention

The proposed amendment has sparked considerable debate concerning its implications for civil rights and the treatment of individuals based on their immigration status. Proponents argue that the amendment is vital for maintaining public safety and ensuring that those accused of serious crimes do not escape justice. Conversely, opponents raise concerns that the measure could lead to the unjust detention of individuals who may not pose any threat to society, suggesting that it undermines due process and reinforces stigmas associated with illegal immigration. Critics also contend that it could disproportionately affect marginalized communities and exacerbate tensions surrounding immigration policy in the state.

Companion Bills

TX SJR1

Same As Proposing a constitutional amendment requiring the denial of bail under certain circumstances for illegal aliens charged with certain offenses punishable as a felony.

TX HJR16

Identical Proposing a constitutional amendment requiring the denial of bail for an illegal alien charged with an offense punishable as a felony.

Previously Filed As

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 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 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 HB1728

Relating to the release on bail of certain defendants accused of committing a felony offense and the criminal consequences of committing a felony while released on bail for a prior felony; creating a criminal offense; increasing the minimum term of imprisonment for certain felonies; changing eligibility for deferred adjudication community supervision, mandatory supervision, and parole.

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 HB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

TX SB4

Relating to prohibitions on the illegal entry into or illegal presence in this state by a person who is an alien, the enforcement of those prohibitions and certain related orders, including immunity from liability and indemnification for enforcement actions, and authorizing or requiring under certain circumstances the removal of persons who violate those prohibitions; creating criminal offenses.

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 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.

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.

Similar Bills

No similar bills found.