| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment authorizing the denial of bail |
|
|
under some circumstances to a person accused of a violent or sexual |
|
|
offense or of continuous trafficking of persons and requiring a |
|
|
judge or magistrate to impose the least restrictive conditions of |
|
|
bail that may be necessary to ensure the person's appearance in |
|
|
court as required and the safety of the community, law enforcement, |
|
|
and the victim of the alleged offense. |
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 11, Article I, Texas Constitution, is |
|
|
amended to read as follows: |
|
|
Sec. 11. (a) All prisoners shall be bailable by sufficient |
|
|
sureties, unless for capital offenses [offences], when the proof is |
|
|
evident; but this provision shall not be so construed as to prevent |
|
|
bail after indictment found upon examination of the evidence, in |
|
|
such manner as may be prescribed by law. |
|
|
(b) In setting bail, a judge or magistrate shall impose the |
|
|
least restrictive conditions, if any, that are necessary to |
|
|
reasonably ensure the accused person's appearance in court as |
|
|
required and the safety of the community, law enforcement, and the |
|
|
victim of the alleged offense. |
|
|
SECTION 2. 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 3. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 7, 2023. |
|
|
The ballot shall be printed to permit voting for or against the |
|
|
proposition: "The constitutional amendment authorizing the denial |
|
|
of bail under some circumstances to a person accused of a violent or |
|
|
sexual offense or of continuous trafficking of persons and |
|
|
requiring a judge or magistrate to impose the least restrictive |
|
|
conditions of bail that may be necessary to ensure the person's |
|
|
appearance in court as required and the safety of the community, law |
|
|
enforcement, and the victim of the alleged offense." |