Texas voters are set to decide whether to approve Proposition 3, a constitutional amendment that would allow judges to deny bail under certain circumstances for defendants accused of serious felony offenses.
The proposal, which stems from Senate Joint Resolution 5 passed during this year’s legislative session, is the product of a push by Gov. Greg Abbott for tougher bail reform following a series of high-profile crimes committed by offenders released on bond.
Under Proposition 3, prosecutors could ask a judge to deny bail if they can show by a preponderance of the evidence that a defendant is likely to skip court, or if they can show by clear and convincing evidence that releasing them would endanger the public or victims.
The amendment applies to those accused of violent crimes such as murder, aggravated assault, kidnapping, robbery, sexual assault, indecency with a child, and human trafficking.
Leaders from the Republican Party of Texas have rallied around the measure, describing it as a commonsense step to protect Texans from repeat violent offenders and saying it will close loopholes that have allowed dangerous criminals back on the streets.
Democrats, meanwhile, have largely opposed the measure, saying it could erode due process and lead to more Texans being held in jail before trial.
While Proposition 3 represents the centerpiece of the state’s bail reform effort, other related proposals failed to reach the finish line this session.
One would have required judges to deny bail for defendants accused of violent felonies who already have similar prior convictions or are currently out on bond for another violent crime.
Another measure sought to deny bail to certain illegal aliens charged with violent offenses. Both proposals were left pending amid opposition from Democrats.
Proposition 3 is part of a package of 17 proposed constitutional amendments that have been placed for voter approval in Tuesday’s election.
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