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A JOINT RESOLUTION
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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 certain violent or |
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sexual offenses 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. |
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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 major |
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offense 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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bail and conditions of release are insufficient to reasonably |
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manage a specific risk: |
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(1) of the person's wilful nonappearance in court in |
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violation of a requirement; or |
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(2) to the safety of the community, law enforcement, |
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or the victim of the alleged offense. |
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(b) A judge or magistrate may not deny a person bail under |
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this section except after a hearing held not later than 72 hours |
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after the person's arrest. The judge or magistrate shall appoint |
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counsel to represent the person at the hearing if counsel does not |
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enter an appearance to represent the person before the hearing. A |
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hearing is not required under this subsection to release a person on |
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bail. |
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(c) 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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(d) 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 the presentation of testimonial evidence |
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before a judge or magistrate makes a bail decision with respect to a |
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person to whom this section applies. |
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(e) 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, and apply those factors to the particularized facts and |
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circumstances of the offense and any criminal episode during which |
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the offense occurred. |
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(f) In this section, "major offense" means: |
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(1) murder, if the person intentionally or knowingly |
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caused the death of an individual; |
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(2) aggravated assault, if the person: |
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(A) used or exhibited a deadly weapon during the |
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commission of the assault; and |
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(B) assaults an individual the person knows is a |
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public servant: |
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(i) while the public servant is: |
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(a) lawfully discharging an official |
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duty; or |
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(b) wearing a distinctive uniform or |
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badge indicating the person's employment as a public servant; or |
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(ii) in retaliation for or on account of an |
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exercise of official power or performance of an official duty as a |
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public servant; |
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(3) aggravated sexual assault, if the person used or |
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exhibited a deadly weapon during the commission of the assault; |
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(4) aggravated robbery, if the person used or |
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exhibited a deadly weapon during the commission of the robbery; or |
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(5) continuous trafficking of persons. |
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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 certain |
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violent or sexual offenses or of continuous trafficking of persons |
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and 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." |