HOUSTON — A bipartisan resolution proposing a constitutional amendment filed in the Texas Legislature would give judges more leeway to deny bonds to some suspects charged with violent or sexual offenses.
This isn't the first time something like this has been brought to the table, however, this time around, voters may ultimately get to decide.
The constitutional amendment was authored by Republican Sen. Joan Huffman and Democratic Sen. Juan Hinojosa.
Huffman said, in part, the amendment would "give judges an additional tool to hold the most violent offenders in jail until their trial date."
She went on to argue that communities have been "terrorized by violent defendants out on bond, including offenders out on multiple bonds."
"Every individual charged with a crime is entitled to bail in Texas by way of the Texas Constitution, except in capital offenses where proof evident is shown," KHOU 11 legal analyst Carmen Roe said.
One of those exceptions is capital murder.
Roe said the amendment would carve out additional exceptions in which bail can be denied.
Andy Kahan with Crime Stoppers of Houston argued there's a benefit to giving judges more discretion. He said this amendment would help decrease crimes committed by people out on bond.
"I just think it's important to give judges as many tools as possible. And we're dealing with, you know, that small segment, the worst of the worst. At least it'll offer them the opportunity that they don't have right now," Kahan said.
Others argue the amendment would take away the presumption of innocence people have in the United States.
Jed Silverman, the president of the Harris County Criminal Lawyers Association, said there are cases of people being wrongfully accused.
"There's no doubt that those are terrible allegations to be accused of sexual assault, sexual assault of a child, murder. These are horrible things to be accused of," Silverman said. "But many times, people that are innocent, that are not guilty of these offenses, are accused of these things. And that's why we have a jury system."
Moving forward, there will be public hearings on the proposed amendment. If it passes, it would be placed on November's ballot for Texans to vote on.