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A JOINT RESOLUTION
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proposing a constitutional amendment requiring the denial of bail |
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to certain persons arrested for an offense resulting in the death of |
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or serious bodily injury to a person younger than 18 years of age. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article I, Texas Constitution, is amended by |
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adding Section 11d to read as follows: |
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Sec. 11d. (a) A person taken into custody for an offense |
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resulting in the death of or serious bodily injury to a person |
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younger than 18 years of age shall be denied release on bail pending |
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trial for a period not to exceed 30 days if a judge or magistrate, |
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following a hearing, determines: |
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(1) by a preponderance of the evidence that the person |
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engaged in the conduct constituting the offense; and |
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(2) by clear and convincing evidence that requiring |
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bail and conditions of release is insufficient to reasonably |
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ensure: |
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(A) the person's appearance in court as required; |
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or |
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(B) the safety of the community, law enforcement, |
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or the victim of the alleged offense. |
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(b) A person may not be denied bail under this section more |
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than once with respect to the same offense. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 7, 2023. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment requiring the denial of |
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bail to certain persons arrested for an offense resulting in the |
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death of or serious bodily injury to a person younger than 18 years |
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of age." |