| |
| |
|
|
A JOINT RESOLUTION
|
|
|
proposing a constitutional amendment authorizing the legislature |
|
|
to enact laws providing for the denial of bail to a person accused |
|
|
of committing a trafficking or sexual offense against a child while |
|
|
released on bail for committing a similar offense. |
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article I, Texas Constitution, is amended by |
|
|
adding Section 11d to read as follows: |
|
|
Sec. 11d. (a) The legislature by general law may provide |
|
|
for the denial of bail to any person who is accused of committing a |
|
|
trafficking or sexual offense against a child, who is released on |
|
|
bail pending trial and while on bail commits another trafficking or |
|
|
sexual offense against a child, if a judge or magistrate, following |
|
|
a hearing, determines by a preponderance of the evidence that the |
|
|
person committed the offense while on bail. |
|
|
(b) In this section, "sexual offense" means: |
|
|
(1) aggravated kidnapping committed with the intent to |
|
|
violate or abuse the child sexually; |
|
|
(2) indecency with a child; |
|
|
(3) sexual assault; |
|
|
(4) aggravated sexual assault; |
|
|
(5) burglary committed with the intent to commit an |
|
|
offense described by Subdivision (1), (2), (3), or (4) of this |
|
|
subsection; |
|
|
(6) sexual performance by a child; |
|
|
(7) compelling prostitution; or |
|
|
(8) continuous sexual abuse of a young child. |
|
|
SECTION 2. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 7, 2023. |
|
|
The ballot shall be printed to permit voting for or against the |
|
|
proposition: "The constitutional amendment authorizing the |
|
|
legislature to enact laws providing for the denial of bail to a |
|
|
person accused of committing a trafficking or sexual offense |
|
|
against a child while released on bail for committing a similar |
|
|
offense." |