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R E S O L U T I O N
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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 House |
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Joint Resolution 4 (requiring a judge or magistrate to impose the |
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least restrictive conditions of bail that may be necessary and |
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authorizing the denial of bail under some circumstances to a person |
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accused of a violent or sexual offense or of continuous trafficking |
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of persons) to consider and take 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 as |
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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 violent |
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offense, or of committing continuous trafficking of persons may be |
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denied bail pending trial if a judge or magistrate determines by |
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clear and convincing evidence after a hearing that requiring bail |
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and conditions of release is insufficient to 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 or |
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magistrate makes a bail decision with respect to a person to whom |
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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 certain |
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bail decisions. |