Texas Proposition 13 (2007)
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Proposition 13 denies bail to those that violate certain court orders or conditions of release in a felony or family violence case.
Proposition 13 appeared on the statewide November 2007 ballot in Texas along with fifteen other statewide propositions; all of them passed. All sixteen ballot measures were legislative referrals voted onto the ballot by the Texas State Legislature.
|Texas Proposition 13 (2007)|
Currently under the Texas Constitution, Art. 1, sec 11 a judge may deny bail if the defendant is accused of:
- a felony; with 2 prior felonies
- a felony with another felony committed while on bail
- a felony involving a deadly weapon; with a prior felony
- a violent or sexual offense committed while on probation or parole.
All of these must show substantial evidence of the guilt of the accused. In 2005, voters approved Proposition 4, which authorized a denial of bail for a person accused of a felony whose previous bond on that same charge has been revoked for violating a condition of the bond.
Also according the Penal Code, sec 25.07 it is a criminal offense to violate protective orders. These can include:
- an act of family violence; or one related to stalking
- going near a workplace, school, childcare facility, or household of a protected individual
- possessing a firearm
Impact of Proposition 13
Would allow a judge authorization to deny bail in family violence cases for violating an earlier bail condition. This is expanded under the proposition so that any offense whose bond had been revoked or forfeited for violating a condition of that bond related to the safety of the victim or community.
- It is enabling legislation that will keep criminals off the street and protect victims
- It would expand current law to include all misdemeanor family violence offenses
- It would not require the judge to refuse bond but allow it for extreme cases
- Many times a defendants will demonstrate a desire to break court orders and hurt victims. This will prevent that.
Who supports it
- Texans Against Sexual Assault
- Texas Council on Family Affairs
The legislative sponsor of the bill, Republican Rep, Joe Straus.
The Dallas Morning News
- " Judges should have authority to deny bail for suspects who defy protective orders in family violence cases. We recommend a yes vote."
Statement in opposition
- Erodes basic tenet that bails should only be denied in limited circumstances
- Bail is not supposed to be used as a punishment
- A judge could deny bail for almost any misdemeanor even they do not apply to the "safety of the victim" and could result in unfair detainment
- Texas jails are already overcrowded
- While abhorrent, family violence is a subcategory of violence against a person, which is dealt with adequately in other sections of Penal code.
- Crimes should be based on the seriousness of the act, not the status of the victim.
Those that oppose
The Austin Chronicle has come out saying "A reasonable bail is a constitutional right, and the latest trend in unpopular crimes is not a reason to undermine it."
Keith Hampton, a spokesman for the Texas Criminal Defense Lawyers Association, said that while the group does not oppose the amendment, despite his reservations about the possible erosion of constitutional rights.
Text of measure
The short ballot summary voters saw on their ballot 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."
Path to the ballot
- See also: Laws governing direct democracy in Texas
As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The joint resolution can originate in either the House or the Senate. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.
- House Research Organization, Proposition 13
- Election results (From the drop-down menu, choose "2007 Constitutional Amendment Election")
- Proposition 13 language
- We Recommend, Dallas Morning News, Oct 23, 2007
- Austin Chronicle Endorsements, Austin Chronicle, Nov. 2, 2007,
- Family violence protection heads Nov. 6 ballot / Property tax cuts for disabled vets, `friendlier' home equity loan rules are also on slate, Houston Chronicle, Oct. 21, 2007
- Texas Secretary of State, "Ballot Language For November 6, 2007 Constitutional Amendment"