BILL ANALYSIS
By: Staples
BACKGROUND AND PURPOSE
Current law requires a criminal defendant to be released on a reduced bond or a personal bond if the state is not ready for trial within 90 days of arrest in a felony case. However, defendants who violate a condition of their bond are guaranteed to be offered an additional bond because current law does not allow the state to hold the defendants without bond until the time of the trial. SJR 17 proposes an amendment to the Texas Constitution to authorize denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial.
RULEMAKING AUTHORITY
It is the committee's opinion that this resolution does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SJR 17 proposes an amendment to the Texas Constitution to authorize denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial related to the safety of a victim of the alleged offense or to the safety of the community. The election on the specific proposition would take place on November 8, 2005.
EFFECTIVE DATE
SJR 17 requires the proposed constitutional amendment to be submitted to the voters at an election to be held on November 8, 2005, and requires the ballot to be printed to permit voting for or against the specific proposition.