Bill Text: TX SJR17 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [SJR17 Detail]
Download: Texas-2025-SJR17-Introduced.html
| 89R5797 CJD-D | ||
| By: Huffman | S.J.R. No. 17 | |
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| proposing a constitutional amendment authorizing the denial of bail | ||
| under limited circumstances to a person accused of certain violent | ||
| or sexual offenses or of continuous trafficking of persons. | ||
| 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) A person accused of committing a sexual | ||
| offense punishable as a felony of the first degree, of committing a | ||
| violent offense, or of committing continuous trafficking of persons | ||
| may be denied bail pending trial if a judge or magistrate determines | ||
| by clear and convincing evidence after a hearing 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, law enforcement, or | ||
| the victim of the alleged offense. | ||
| (b) A judge or magistrate who denies a person bail in | ||
| accordance with this section shall prepare a written order that | ||
| includes findings of fact and a statement explaining the judge's or | ||
| magistrate's reason for the denial. | ||
| (c) This section may not be construed to: | ||
| (1) limit any right a person has under other law to | ||
| contest a denial of bail or to contest the amount of bail set by a | ||
| judge or magistrate; or | ||
| (2) require any testimonial evidence before a judge or | ||
| magistrate makes a bail decision with respect to a person to whom | ||
| this section applies. | ||
| (d) For purposes of determining whether clear and | ||
| convincing evidence exists to deny a person bail as described by | ||
| this section, a judge or magistrate shall consider the factors | ||
| required to be considered by a judge or magistrate in setting bail | ||
| under general law, including statutory law governing criminal | ||
| procedure. | ||
| (e) In this section, "violent offense" and "sexual offense" | ||
| have the meanings assigned by Section 11a of this article. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 4, 2025. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the denial | ||
| of bail under limited circumstances to a person accused of certain | ||
| violent or sexual offenses or of continuous trafficking of | ||
| persons." | ||
