Proposition 13

On November 6, 2007, voters in Texas voted in favor of passing all 16 propositions that were on the ballot for amending the state constitution. These included Proposition 13. Proposition 13, or the Family Violence Amendment, authorizes “the denial of bail to a person who violates certain court orders or conditions of release in a felony or family violence case.”

Proposition 13 is important because under the old laws, pretty much anyone could be released on bail, except if the offense was a capital offense. There are provisions that were already in place for a judge to deny bail pending trial to defendants with certain prior felony convictions or who have been accused of a felony and previously had their bail revoked or forfeited for a violation of a protective order related to the safety of a victim or the community. These rules did not include provisions for family violence.

With Proposition 13 having passed on Tuesday, any person in Texas accused of a felony or of family violence can be taken into custody and have their bail denied pending trial. This situation can be invoked regardless of whether the charge is a felony or a misdemeanor. If they violate certain conditions related to the safety of a victim or the community, violate an order for emergency protection or an active protective order in connection with a family violence case, or engage in other conduct as outlined in the amendment, bail can be denied.

This proposition strengthens family violence laws and allows, but does not require, denial of bail in extreme circumstances.

If you have been a victim of domestic or family violence or abuse, the Austin family law attorneys of Slater, Kennon & Pugh Ltd.LLP, located in the Austin Arboretum area, are here to help you through this difficult time and to help you move on with your life.