Bill

HJR 4

87(R) - 2021
House Criminal Jurisprudence
Senate Jurisprudence
House Criminal Jurisprudence
Senate Jurisprudence
Criminal Justice
Criminal Procedure
Texas Constitution

Contact the Author

Kyle Kacal

Phone:

512-463-0412

Capitol Office:

E2.810

Email:

Vote Recommendation

Yes
  • Neutral
  • Neutral
  • Positive
  • Neutral
  • Positive

Author(s)

Kyle Kacal
Stan Lambert
Andrew Murr
Four Price

Sponsor(s)

Joan Huffman

Bill Caption

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.

Fiscal Notes

No significant fiscal implication to the State is anticipated, other than the cost of publication.

The cost to the state for publication of the resolution is $178,333.

Bill Analysis

HJR 4 proposes an amendment to the Texas Constitution to modify the the circumstances under which certain defendants may be denied pretrial release on bail.

HJR 4 would allow magistrates to deny bail to any person accused of a violent or sexual offense or of committing continuous trafficking of persons if the magistrate determines that releasing the person on bail is insufficient to ensure their appearance in court or the safety of the community, law enforcement, and the victim of the alleged offense. A magistrate that denies bail in such a manner would have to prepare a written order detailing their reason for doing so.

Vote Recommendation Notes

Texas Action supports HJR 4 which is consistent with personal responsibility and individual liberty. A liberty-minded bail system is one that allows the pretrial release of nonviolent, low-risk defendants and prevents the release of violent, high-risk defendants. HJR 4 would expand the authority of judges and magistrates to deny bail for those accused of violent offenses, thus holding offenders accountable and protecting the safety of the public.

Contact the Author

Kyle Kacal

Phone:

512-463-0412

Capitol Office:

E2.810

Email: