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Tag: bail reform

  • All 17 Constitutional Amendments Poised for Approval – Houston Press

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    Texas voters appeared to support all 17 constitutional amendments on Tuesday’s ballot, as each of the measures — including tax exemptions and bans, a $20 million investment into the state’s water supply, bail reform and dementia research — held strong leads late Tuesday. 

    With only early votes, mail-in ballots and 30 out of 600 precincts reporting in Harris County just after 11 p.m., it appeared local voters narrowly rejected Proposition 6, which bans new taxes on security transactions, and Proposition 17, a tax exemption for property involved with border security infrastructure near the Texas-Mexico line. 

    But it’s the statewide numbers that count, and political experts say constitutional amendments rarely fail.

    Proposition 1 creates an endowment for 11 Texas State Technical Colleges, including one in Fort Bend County, to purchase loans and buildings. This measure supports a skilled workforce and broader career choices in the college system. 

    Statewide, the measure was leading with 68.79 percent approval. 

    About 66.46 percent of Harris County early voters supported the measure.  

    Proposition 2 prohibits the establishment of a capital gains tax on assets like real estate, investments and personal property. Critics say it protects wealthy Texans and could stunt the state’s economic growth. 

    Statewide, the measure was leading with 68.19 percent approval. 

    About 56.6 percent of Harris County early voters supported the measure.  

    Proposition 3 requires the denial of bail for individuals accused of violent felony offenses. The measure supports denying bail for high-risk defendants but creates a financial barrier for poor Texans, increasing the likelihood of overcrowded jails and neglect of mental health issues. 

    Statewide, the measure was leading with 63.66 percent approval. 

    About 61.01 percent of Harris County early voters supported the measure.  

    Proposition 4 dedicates the first $1 billion per fiscal year of sales tax revenue exceeding $46.5 billion to the Texas Water Fund over the next 20 years. Voters supported funding to increase the Lone Star State’s water supply and repair aging infrastructure. 

    Critics expressed concerns about spending mandates in the constitution and whether the funds would be allocated fairly by a three-person board appointed by Republican Gov. Greg Abbott. 

    Statewide, the measure was leading with 70.6 percent approval. 

    About 67.23 percent of Harris County early voters supported the measure.  

    Proposition 5 exempts Texans from taxes on animal feed. The amendment was advertised as potential assistance for farmers and ranchers who are already dealing with rising costs. 

    Statewide, the measure was leading with 65.78 percent approval. 

    About 52.22 percent of Harris County early voters supported the measure.  

    Proposition 6 bans new taxes on securities transactions and financial market operators (aimed at those who work in the stock market today or will work in the new Texas Stock Trade in Dallas). Critics said this was a tax break for the rich and would benefit only the wealthiest Texans. 

    Statewide, the measure was leading with 57.92 percent approval. 

    About 46.2 percent of Harris County early voters supported the measure.  

    Proposition 7 provides a property tax exemption for spouses of veterans who died in the line of duty, if the widow or widower has not remarried. 

    Statewide, the measure was leading with 86.92 percent approval. 

    About 84.32 percent of Harris County early voters supported the measure.  

    As of late Tuesday evening, it appeared likely that all 17 constitutional amendments would be approved. Credit: April Towery

    Proposition 8 bans taxes on estate and inheritance. Texas does not have estate taxes, and a ban would prevent future regulations that could level the playing field to shift the tax burden from working families to wealthy Texans.

    Statewide, the measure was leading with 74.91 percent approval. 

    About 63.6 percent of Harris County early voters supported the measure.  

    Proposition 9 is a tax exemption for up to $125,000 worth of business inventory or equipment. The measure is viewed as an incentive for small businesses that could also help the Texas economy. 

    Statewide, the measure was leading with 67.1 percent approval. 

    About 55.88 percent of Harris County early voters supported the measure.  

    Proposition 10 is a temporary tax exemption for homeowners whose properties were destroyed by fire. While most property owners have home insurance, this exemption could offer extra support.

    Statewide, the measure was leading with 90.18 percent approval. 

    About 86.87 percent of Harris County early voters supported the measure.  

    Proposition 11 increases school property tax exemptions from $10,000 to $60,000 for elderly and disabled homeowners. The amendment provides support for about 2 million homeowners who are likely to be on a fixed income. 

    Statewide, the measure was leading with 79.55 percent approval. 

    About 75.38 percent of Harris County early voters supported the measure.  

    Proposition 12 expands the State Commission on Judicial Conduct, which investigates judicial misconduct and reviews the termination of judgeships. Approval of this measure means new members would have less power than governor-appointed residents, which critics say could politicize the judicial process. Supporters say it will promote accountability. 

    Statewide, the measure was leading with 64.49 percent approval. 

    About 54.25 percent of Harris County early voters supported the measure.  

    Proposition 13 increases a school property tax exemption from $100,000 to $140,000 for all homeowners, saving an average of about $490 per year. The state will pay for an estimated $2.7 billion in revenue losses to school districts for the 2026-27 school year. 

    Statewide, the measure was leading with 81.78 percent approval. 

    About 76.01 percent of Harris County early voters supported the measure.  

    Proposition 14 will establish the Dementia Prevention and Research Institute of Texas, providing $3 billion in funding for dementia research and prevention to study brain-related conditions. Critics have said that brain research should be funded by the private sector. 

    Statewide, the measure was leading with 68.13 percent approval. 

    About 68.24 percent of Harris County early voters supported the measure.  

    Proposition 15 codifies “parental rights” language in the state constitution. Critics say this could weaponize the Constitution to propagate right-wing culture wars involving LGBTQ+ families, book bans, and what’s taught in public schools. Parental rights are already outlined in federal case law. 

    Statewide, the measure was leading with 72.23 percent approval. 

    About 63.85 percent of Harris County early voters supported the measure.  

    Proposition 16 adds citizenship requirements to the Constitution and is redundant because U.S. citizenship is already a requirement to register to vote in Texas. Critics say it is an inflammatory response aligned with anti-immigration policies and stokes fear about non-citizen voting. 

    Statewide, the measure was leading with 74.94 percent approval. 

    About 69.37 percent of Harris County early voters supported the measure.  

    Proposition 17 provides a tax exemption for property involved with border security infrastructure near the Texas-Mexico line. Critics say this could incentivize support for border security infrastructure and shift the tax burden onto other property owners. 

    Statewide, the measure was leading with 60.86 percent approval. 

    About 48.08 percent of Harris County early voters supported the measure.  

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    April Towery

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  • Illinois to become first state to end use of cash bail

    Illinois to become first state to end use of cash bail

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    Illinois Supreme Court ruling upholds ending of cash bail


    Illinois Supreme Court ruling upholds ending of cash bail

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    Illinois will become the first state in the U.S. to halt the use of cash bail after the state Supreme Court on Tuesday upheld a law that was passed by the state legislature back in 2021. It will take effect in 60 days, on Sept. 18. 

    In a 5-2 ruling, the state’s highest court overturned a lower court’s earlier ruling that said the law was unconstitutional. 

    The elimination of cash bail was a provision of the SAFE-T ACT, a major criminal justice reform bill signed into law by Illinois Gov. J.B. Pritzker in early 2021. The portion of the bill eliminating cash bail had originally been slated to take effect on Jan. 1, 2023. 

    However, prosecutors and sheriffs in 64 counties filed lawsuits claiming the provision was unconstitutional. Last December, a Kankakee County judge ruled in their favor. The state appealed the district judge’s ruling, and the state Supreme Court subsequently put the measure on hold while it reviewed the case. It heard arguments in March

    Chief Justice Mary Jane Theis, writing for the majority, argued in her ruling Tuesday that the Illinois state constitution “does not mandate that monetary bail is the only means to ensure criminal defendants appear for trials or the only means to protect the public,” but that it “creates a balance between the individual rights of defendants and the individual rights of crime victims.” 

    Justices David Overstreet and Lisa Holder White wrote in their dissent that the end to cash bail is a “direct violation of the plain language of our constitution’s bill of rights and, more specifically, the vested rights of crime victims.”

    Critics of the cash bail system say it unfairly punishes poor defendants, often forcing them to spend months or years in jail before they go on trial, even if they are not a danger to the public.

    Under the new law, criminal defendants will not have to pay a specific amount to be released from jail as they await trial. However, they could be ordered to remain in custody if a judge believes they are a danger to the public, a risk of fleeing prosecution or are charged with a serious enough felony.

    Illinois Attorney General Kwame Raoul, whose office defended the end to cash bail against multiple court challenges, said he was pleased, but not surprised, with the high court’s ruling.

    “The court’s decision today holds — as my office has consistently advocated — that the General Assembly had the authority to eliminate cash bail and replace it with a system in which people are detained pending trial only if they pose a threat to the public or are a flight risk,” Raoul said in a statement. 

    Kankakee County State’s Attorney Jim Rowe, who spearheaded one of the major lawsuits against it, said in a statement Tuesday that “we must abide by the decision and will continue to do our best to serve the people of Kankakee County.” 

    The Illinois Fraternal Order of Police blasted the decision, saying it “confirms Illinois’ status as the state of lawlessness and disorder.”

    When asked how many detainees could be released on Sept. 18, the Cook County public defender’s office told CBS Chicago it doesn’t have an exact number because there is no statewide centralized system collecting that data.   

    Republican John Curran, the state Senate’s minority leader, called on the Democratic-led state legislature to have a special session prior to Sept. 18 to make changes to the SAFE-T Act in an effort to address the concerns of police and prosecutors who have opposed the bail reforms.

    “While no person should be held in jail or let free because of their economic circumstances, the SAFE-T Act handcuffs law enforcement and judges making it more difficult for them to combat violent crime,” Curran said in a statement. “It is possible to reform our cash bail system while keeping our communities safe and the legislature should return immediately to ensure that public safety is in no way jeopardized by the implementation of this reckless legislation before it takes effect.”

    Other provisions of the SAFE-T Act, including body camera requirements for police departments and new police training mandates, already took effect as planned on Jan. 1.  

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  • Illinois’ Plan To Eliminate Cash Bail Remains Uncertain Following Judge’s Ruling

    Illinois’ Plan To Eliminate Cash Bail Remains Uncertain Following Judge’s Ruling

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    Illinois’ plan to eliminate cash bail at the start of the year now faces uncertainty following a judge’s ruling that certain provisions in the legislation are unconstitutional.

    The no cash bail statute, also known as the Pretrial Fairness Act, was set to make Illinois the first state to officially eliminate cash bail and would require judges to determine if a detained individual should be released.

    Just a few days before the measure was set to go into effect, Chief Judge Thomas W. Cunnington of the state’s 21st Judicial Circuit found the bail reform and pretrial release provisions to be a violation of Illinois’ constitution. The ruling followed a class action lawsuit filed by sheriffs, prosecutors and dozens of Illinois counties in opposition to the legislation.

    The Pretrial Fairness Act is a part of an update to the Republican-opposed Safety, Accountability, Fairness and Equity Act (SAFE-T Act), which outlines numerous reforms to the pretrial detainment protocols, the criminal justice system and police system.

    The police murder of George Floyd served as a catalyst for the SAFE-T Act, which has been in effect since February 2021. Some reforms included police training requirements, use-of-force reports and limitations, the filing of anonymous complaints against police officers and the use of body cameras.

    While the consequences of Cunnington’s ruling remain uncertain, Illinois Attorney General Kwame Raoul (D) said in a statement that he plans to bring the decision directly to the Illinois Supreme Court for appeal and that all other measures of the SAFE-T Act remain intact. Raoul also clarified that the ruling only applies to the 65 counties that were involved in the lawsuit, and the implementation of no cash bail will proceed in the other counties.

    “The right of individuals awaiting criminal trials – people who have not been convicted of a crime and are presumed innocent – to seek release from jail without having to pay cash bail will go into effect in a few short days, despite the court’s ruling against those provisions,” Raoul said in the statement.

    Republicans claimed that the no cash bail measure would result in the release of “violent criminal suspects” with no assurances they’d return for trial.

    But proponents of the no cash bail statute argued that it is unfair that someone with limited resources would have to stay in jail before a trial, while someone who is wealthier could be bailed out.

    According to the Prison Policy Initiative, more than 400,000 people in the U.S. are currently being detained pretrial, many of whom can’t afford money bail. This issue also disproportionately impacts Black and brown communities, which face higher rates of incarceration and poverty.

    “This lawsuit and resultant ruling are the culmination of a concerted effort to undermine reform; those who attempt to vilify these reforms are proponents of a system that has contributed to the racial injustices of mass incarceration and the over-policing of Black and Brown communities, which has diminished safety, resiliency and trust for many residents,” officials from Cook County, which includes Chicago, wrote in a joint statement.

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