Amendment 13 - State Representative Hochberg's Guide to the 2007 Texas Constitutional Amendments

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Proposition 13

The ballot will read: The constitutional amendment authorizing the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case.

Background: A person accused of a crime is generally guaranteed the right to post bail for release from jail while awaiting trial. Currently, the Constitution allow individuals to be held without bail only in felony cases under limited circumstances. Proposition 13 would let judges deny bail if:

the defendant already had been granted bail once for this accused crime;
the defendant violated a condition of that bail;
the crime the defendant is accused of is a family violence offense; and,
the condition of bail that the defendant violated was related to the safety of the alleged victim or the safety of the community.

The Proposition would also allow judges to deny bail if a defendant violated a protective order. The burden of proof in such a bail denial hearings would be the “preponderance of evidence” standard, rather than the stricter “beyond a reasonable doubt” standard used in criminal cases.

For: Proposition 13 would allow bail to be denied in narrow circumstances where the threat of continued family violence is serious. Family violence victims are often extremely vulnerable and deserve this special protection since violence is prone to escalate in these cases. Bail could not be denied for a technical violation, such as being laid off from one’s job, but could be denied only when the defendant continued to put the victim in danger.

Against: It is fundamental to our democracy that a person is innocent until proven guilty. Bail is a constitutional right for persons who have been accused, but not yet convicted, and this right should not be removed lightly.

For the exact wording of the changes to the Constitution
that would occur if this proposition passes,
CLICK HERE.
Words to be added to the Constitution will be underlined.
Words to be removed, if any, will be [~~struck through~~].

For a more detailed analysis of this proposition
from the House Research Organization,
CLICK HERE.

For the full 43-page House Research Organization report
on all of the propositions,
CLICK HERE.

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