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proposing a constitutional amendment authorizing the denial of bail |
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under some circumstances to a person accused of a violent or sexual |
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offense or of continuous trafficking of persons and requiring a |
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judge or magistrate to impose the least restrictive conditions of |
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bail that may be necessary to ensure the person's appearance in |
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court as required and the safety of the community, law enforcement, |
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and the victim of the alleged offense. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 11. (a) All prisoners shall be bailable by sufficient |
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sureties, unless for capital offenses [offences], when the proof is |
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evident; but this provision shall not be so construed as to prevent |
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bail after indictment found upon examination of the evidence, in |
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such manner as may be prescribed by law. |
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(b) In setting bail, a judge or magistrate shall impose the |
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least restrictive conditions, if any, that are necessary to |
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reasonably ensure the accused person's appearance in court as |
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required and the safety of the community, law enforcement, and the |
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victim of the alleged offense. |
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SECTION 2. 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 accused of committing a sexual |
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offense punishable as a felony of the first degree, of committing a |
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violent offense, or of committing continuous trafficking of persons |
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may be denied bail pending trial if a judge or magistrate determines |
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by clear and convincing evidence after a hearing that requiring |
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bail and conditions of release is insufficient to reasonably |
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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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(b) A judge or magistrate who denies a person bail in |
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accordance with this section shall prepare a written order that |
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includes findings of fact and a statement explaining the judge's or |
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magistrate's reason for the denial. |
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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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(d) For purposes of determining whether clear and |
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convincing evidence exists to deny a person bail as described by |
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this section, a judge or magistrate shall consider the factors |
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required to be considered by a judge or magistrate in setting bail |
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under general law, including statutory law governing criminal |
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procedure. |
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(e) In this section, "violent offense" and "sexual offense" |
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have the meanings assigned by Section 11a of this article. |
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SECTION 3. 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 permit voting for or against the |
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proposition: "The constitutional amendment authorizing the denial |
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of bail under some circumstances to a person accused of a violent or |
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sexual offense or of continuous trafficking of persons and |
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requiring a judge or magistrate to impose the least restrictive |
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conditions of bail that may be necessary to ensure the person's |
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appearance in court as required and the safety of the community, law |
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enforcement, and the victim of the alleged offense." |