Proposing a constitutional amendment requiring the denial of bail under certain circumstances to persons accused of certain offenses punishable as a felony.
Impact
If enacted, SJR5 would notably change the bail landscape in Texas, particularly concerning severe offenses. The constitutional amendment would empower judges to deny bail based on the likelihood of a defendant's nonappearance or the safety risks posed to the community. The legislation is formulated to address concerns regarding violent crimes and recidivism, aiming to enhance public safety by keeping high-risk defendants in custody until trial.
Summary
SJR5 proposes a constitutional amendment that mandates the denial of bail for individuals accused of specific felony offenses, which include serious crimes such as murder, aggravated assault, and trafficking of persons. The bill outlines that bail cannot be granted unless the state prosecutor can convincingly demonstrate that the risks of the accused failing to appear in court or posing a danger to public safety are adequately mitigated. This represents a significant shift in the current bail system, targeting individuals considered high-risk based on the nature of their alleged crimes.
Sentiment
The sentiment around SJR5 appears to be mixed but leans towards support from various legislative factions. Proponents argue that the bill is crucial for protecting communities from individuals accused of serious crimes who may pose risks if released on bail. On the other side, opponents express concerns about the long-term implications for individuals' rights and the potential for abuses in the bail system, fearing that it could disproportionately affect marginalized communities and those unable to secure bail.
Contention
The most notable points of contention center on the potential risks of overreach and the implications for judicial discretion. Critics suggest that stringent bail denial policies could undermine the presumption of innocence and lead to increased incarceration rates before trials. There are also concerns regarding equitable access to legal representation during hearings related to bail denials, placing various demographic groups at a disadvantage. By requiring a higher evidentiary standard for granting bail, the bill introduces debates about the balance between community safety and individual rights.
Same As
Proposing 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.
Identical
Proposing 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.
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.
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.
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.
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.
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.
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.
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.
Relating to the release of defendants on bail, the duties of a magistrate in certain criminal proceedings, and the appointment of certain criminal law hearing officers; creating a criminal offense.