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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 87th |
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Legislature, Regular Session, 2021, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Joint Resolution 4 (requiring a judge or magistrate to |
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impose the least restrictive conditions of bail that may be |
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necessary and authorizing the denial of bail under some |
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circumstances to a person accused of a violent or sexual offense |
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or of continuous trafficking of persons) to consider and take |
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action on the following matter: |
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Senate Rules 12.03(1) and (4) are suspended to permit the |
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committee to change, alter, or amend text which is not in |
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disagreement and to add text on a matter which is not included in |
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either the house or senate version of the joint resolution in |
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proposed SECTION 2 of the joint resolution, by amending proposed |
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Sections 11d(a) and (c), Article I, Texas Constitution, to read |
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as follows: |
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(a) A person accused of committing a sexual offense |
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punishable as a felony of the first degree, of committing a |
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violent offense, or of committing continuous trafficking of |
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persons may be denied bail pending trial if a judge or magistrate |
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determines by clear and convincing evidence after a hearing that |
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requiring bail and conditions of release is insufficient to |
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reasonably ensure: |
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(1) the person's appearance in court as required; or |
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(2) the safety of the community, law enforcement, or |
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the victim of the alleged offense. |
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(c) This section may not be construed to: |
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(1) limit any right a person has under other law to |
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contest a denial of bail or to contest the amount of bail set by a |
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judge or magistrate; or |
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(2) require any testimonial evidence before a judge |
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or magistrate makes a bail decision with respect to a person to |
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whom this section applies. |
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Explanation: This change is necessary to clarify which |
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persons may be denied bail pending trial and the procedural |
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requirements imposed on a judge or magistrate before making |
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certain bail decisions. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 30, 2021, by |
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the following vote: Yeas 23, |
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Nays 8. |
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_______________________________ |
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Secretary of the Senate |