Measure Makes Bail Tougher in Domestic Violence Cases

By Domingo Ramirez Jr., Fort Worth Star-Telegram, Texas

Oct. 29–Texas voters will decide Nov. 6 whether to expand judicial power by allowing judges to deny bail to a defendant in family violence cases. Proposition 13 is one of 16 proposed constitutional amendments that will appear on the ballot.

Current law

A judge can deny bail to defendants in five categories: those in capital murder cases; those determined to be a flight risk; those accused of sexual offenses while on parole; convicted felons charged with using a deadly weapon; and convicted felons accused of another felony crime.

The proposal

Proposition 13 would allow judges to deny bail to anyone who violates a restraining order or other court orders in family violence cases and to anyone who violates the conditions of a previous release in family violence cases.

Arguments for

Supporters say Proposition 13 is aimed at protecting family violence victims when they are still in danger.

A hearing would be required before bail could be denied.

Judges see a lot of family violence cases. There were 187,811 incidents of family violence in Texas in 2005, the most recent figures available, with 143 women killed by intimate partners, according to the Texas Council on Family Violence.

“Unfortunately, the law alone is not going to end this problem,” Rep. Joe Straus, R-San Antonio, said in a statement. “We must educate women and men on warning signs and available community resources.”

Arguments against

Bail is a constitutional right.

Defendants aren’t supposed to be punished unless they are found guilty.

Texas jails are overcrowded.

“Attempts to restrict bail, especially on misdemeanor cases, may be momentarily popular but run contrary to our system of justice,” said Allen Place Jr. of Gatesville, a spokesman for the Texas Criminal Defense Lawyers Association. “There is no compelling reason to amend our constitution in this manner.”

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Domingo Ramirez Jr., 817-685-3822 ramirez@star-telegram.com

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