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Texas Proposition 3: What does is mean?
A new Texas law is changing how some of the state’s most serious criminal cases are handled, including one in Austin.
AUSTIN, Texas - A new Texas law is changing how some of the state’s most serious criminal cases are handled, including one in Austin.
The backstory:
Prosecutors are asking a judge to deny bail for a man charged with capital murder in the shooting death of a Caldwell County deputy constable.
On Jan. 4, around 2 a.m., Caldwell County Deputy Constable Aaron Armstrong was working an off-duty security job in North Austin when police said he was shot and killed by Thomas Vences.
"It is unacceptable. He was murdered. He was executed in that parking lot of that club," Austin Police Chief Lisa Davis said.
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PREVIOUS COVERAGE: Two arrested in death of Caldwell Co. deputy
Two men are in custody in connection with the deadly shooting of an off-duty Caldwell County deputy constable outside an Austin bar early Sunday morning.
This case falls under a new constitutional amendment, known as Texas Proposition 3, which took effect January 1. The amendment allows judges to deny bail for people accused of certain violent or sexual felony offenses.
"If you're charged with one of these nine offenses set out in the Texas Constitution under this provision, then if the prosecutor, if the DA files a motion to deny bail, and they meet certain evidentiary requirements, then the trial court is required to deny the bail," Professional Bondmen of Texas Board Member and Bail Attorney Kevin Good said.
Currently, Vences remains in jail with a bond set at more than $2 million. A hearing on whether that bail should be denied is set for April 7.
Good said these early cases will help define how the law is used across Texas.
"We're going to have some back and forth between the courts, as the Court of Appeals sets standards on what the proof is," Good said.
Friend of Caldwell County deputy killed in North Austin speaks about his legacy
A friend of the Caldwell County deputy who was killed in North Austin is speaking about his legacy.
Dig deeper:
While some have debated how strictly the law should be applied, Good said the trend is already becoming clear.
"I think the courts are going to take a pretty, they're going air on the side of public safety, it appears to me," Good said.
He said the law also adds a new level of accountability, putting the decision on prosecutors to act.
"This is one of those subjects now that has made it very clear. If a defendant is not detained, we know exactly the reason why they were not. It's because the DA didn't file a motion," Good said.
As this case moves forward, it will be the first locally to test this new provision.
The Source: Information from interviews conducted by FOX 7 Austin's Meredith Aldis