EL PASO, Texas (KTSM)— Texans are weighing in on 17 proposed constitutional amendments on November 4, including one that could significantly reshape how bail is handled across the state.
State Proposition 3 would expand the authority of district court judges to deny bail for people accused of certain serious crimes. If approved, the measure would amend the Texas Constitution to allow prosecutors to request that a defendant be held without bail before trial.
“What this constitutional amendment seeks to do is to change the Texas Constitution to allow prosecutors to ask a judge to detain someone without a bond, without bail, until their trial,” explained El Paso County District Attorney James Montoya.
Under current Texas law, most individuals charged with crimes in Texas have a constitutional right to post bond, except in limited cases. Proposition 3 would change that right for certain felony offenses, including murder, capital murder, aggravated sexual assault, aggravated kidnapping and aggravated robbery.
Montoya said the proposed amendment would bring Texas more in line with the federal government and other states that use a “pretrial detention” model.
“The point of bail is to ensure that the person shows up to court and that the community remains safe while the case is awaiting its final outcome,” Montoya said. “During the hearings, that’s what the judge is going to be looking at. Is this person a flight risk, or is this person a danger to the community? If the judge agrees, they will be detained without bail.”
Critics of Proposition 3 argue that denying bail could increase jail populations and strain the court system. However, Montoya said that’s unlikely to happen in El Paso County.
“It costs us about $100 per inmate per night, so we only want to be detaining the people who are dangerous or who aren’t going to show up to court,” he said.
Early voting will run through Oct. 31 with Election Day on Nov. 4.
Read: Read More