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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the legislature |
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to set a minimum amount of monetary bond for persons charged with |
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certain felony offenses involving violence and requiring the denial |
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of bail to a person accused of committing a felony while released on |
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bail for a prior felony under most circumstances. |
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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) The legislature by general law may set a minimum amount |
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of monetary bail that must be imposed in a case in which a person is |
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accused of committing an offense involving violence, as defined by |
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the legislature, that is punishable as a felony of the second degree |
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or any higher category of offense. |
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SECTION 2. Section 11a(a), Article I, Texas Constitution, |
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is amended to read as follows: |
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(a) Any person (1) accused of a felony less than capital in |
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this State, who has been theretofore twice convicted of a felony, |
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the second conviction being subsequent to the first, both in point |
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of time of commission of the offense and conviction therefor, (2) |
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[accused of a felony less than capital in this State, committed |
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while on bail for a prior felony for which he has been indicted, |
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(3)] accused of a felony less than capital in this State involving |
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the use of a deadly weapon after being convicted of a prior felony, |
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or (3) [(4)] accused of a violent or sexual offense committed while |
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under the supervision of a criminal justice agency of the State or a |
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political subdivision of the State for a prior felony, after a |
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hearing, and upon evidence substantially showing the guilt of the |
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accused of the offense in (1) or (2) [(3)] above[, of the offense |
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committed while on bail in (2) above,] or of the offense in (3) |
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[(4)] above committed while under the supervision of a criminal |
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justice agency of the State or a political subdivision of the State |
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for a prior felony, may be denied bail pending trial, by a district |
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judge in this State, if the [said] order denying bail pending trial |
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is issued within seven calendar days subsequent to the time of |
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incarceration of the accused; provided, however, that if the |
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accused is not accorded a trial upon the accusation under (1) or (2) |
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[(3)] above[, the accusation and indictment used under (2) above,] |
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or the accusation or indictment used under (3) [(4)] above within |
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sixty (60) days from the time of [his] incarceration upon the |
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accusation, the order denying bail shall be automatically set |
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aside, unless a continuance is obtained upon the motion or request |
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of the accused. The [; provided, further, that the] right of appeal |
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to the Court of Criminal Appeals of this State is expressly accorded |
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the accused for a review of any judgment or order made under this |
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subsection [hereunder], and that [said] appeal shall be given |
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preference by the Court of Criminal Appeals. |
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SECTION 3. 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 felony while |
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on bail for a prior felony for which the person has been charged |
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shall be denied bail pending trial unless a judge or magistrate |
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determines by clear and convincing evidence that, based on the |
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existence of extraordinary circumstances, the judge or magistrate |
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is able to set bail and conditions of release sufficient to |
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reasonably ensure: |
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(1) the person's appearance in court as required; and |
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(2) the safety of the community, law enforcement, and |
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the victim of the alleged offense. |
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(b) A judge or magistrate who denies or sets 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 or |
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magistrate's reason for the decision. |
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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 hearing or procedure, not otherwise |
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required by this section or by general law, 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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SECTION 4. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 4, 2025. |
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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 |
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legislature to set a minimum amount of monetary bond for persons |
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charged with certain felony offenses involving violence and |
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requiring the denial of bail to a person accused of committing a |
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felony while released on bail for a prior felony under most |
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circumstances." |