Bill Text: TX HJR5 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Proposing a constitutional amendment authorizing the denial of bail to an accused person if a judge or magistrate determines by clear and convincing evidence that requiring bail and conditions of release is insufficient to reasonably ensure the person's appearance in court or the safety of the community or of any person, including the victim of the alleged offense.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HJR5 Detail]
Download: Texas-2021-HJR5-Introduced.html
| By: Reynolds | H.J.R. No. 5 | |
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| proposing a constitutional amendment authorizing the denial of bail | ||
| to an accused person if a judge or magistrate determines by clear | ||
| and convincing evidence that requiring bail and conditions of | ||
| release is insufficient to reasonably ensure the person's | ||
| appearance in court or the safety of the community or of any person, | ||
| including the victim of the alleged offense. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article I, Texas Constitution, is amended by | ||
| adding Section 11d to read as follows: | ||
| Sec. 11d. A person may be denied bail pending trial if a | ||
| judge or magistrate determines by clear and convincing evidence | ||
| that requiring bail and conditions of release is insufficient to | ||
| reasonably ensure: | ||
| (1) the person's appearance in court as required; or | ||
| (2) the safety of the community or of any person, | ||
| including the victim of the alleged offense. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 2, 2021. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the denial | ||
| of bail to an accused person if a judge or magistrate determines by | ||
| clear and convincing evidence that requiring bail and conditions of | ||
| release is insufficient to reasonably ensure the person's | ||
| appearance in court or the safety of the community or of any person, | ||
| including the victim of the alleged offense." | ||
