73R6609 NSC-D
          By Grusendorf                                         H.J.R. No. 23
          Substitute the following for H.J.R. No. 23:
          By Hartnett                                       C.S.H.J.R. No. 23
                                   A JOINT RESOLUTION
    1-1  proposing a constitutional amendment relating to the denial of bail
    1-2  to certain persons charged with certain violent or sexual offenses.
    1-3        BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article I, Section 11a, of the Texas Constitution
    1-5  is amended to read as follows:
    1-6        Sec. 11a.  (a)  Any person (1) accused of a felony less than
    1-7  capital in this State, who has been theretofore twice convicted of
    1-8  a felony, the second conviction being subsequent to the first, both
    1-9  in point of time of commission of the offense and conviction
   1-10  therefor, (2) accused of a felony less than capital in this State,
   1-11  committed while on bail for a prior felony for which he has been
   1-12  indicted, <or> (3) accused of a felony less than capital in this
   1-13  State involving the use of a deadly weapon after being convicted of
   1-14  a prior felony, or (4) accused of a violent or sexual offense
   1-15  committed while under the supervision of a criminal justice agency
   1-16  of the State or a political subdivision of the State for a prior
   1-17  felony, after a hearing, and upon evidence substantially showing
   1-18  the guilt of the accused of the offense in (1) or (3) above, <or>
   1-19  of the offense committed while on bail in (2) above, or of the
   1-20  offense in (4) above committed while under the supervision of a
   1-21  criminal justice agency of the State or a political subdivision of
   1-22  the State for a prior felony, may be denied bail pending trial, by
   1-23  a district judge in this State, if said order denying bail pending
   1-24  trial is issued within seven calendar days subsequent to the time
    2-1  of incarceration of the accused; provided, however, that if the
    2-2  accused is not accorded a trial upon the accusation under (1) or
    2-3  (3) above, <or> the accusation and indictment used under (2) above,
    2-4  or the accusation or indictment used under (4) above within sixty
    2-5  (60) days from the time of his incarceration upon the accusation,
    2-6  the order denying bail shall be automatically set aside, unless a
    2-7  continuance is obtained upon the motion or request of the accused;
    2-8  provided, further, that the right of appeal to the Court of
    2-9  Criminal Appeals of this State is expressly accorded the accused
   2-10  for a review of any judgment or order made hereunder, and said
   2-11  appeal shall be given preference by the Court of Criminal Appeals.
   2-12        (b)  In this section:
   2-13              (1)  "Violent offense" means:
   2-14                    (A)  murder;
   2-15                    (B)  aggravated assault;
   2-16                    (C)  aggravated kidnapping; or
   2-17                    (D)  aggravated robbery.
   2-18              (2)  "Sexual offense" means:
   2-19                    (A)  aggravated sexual assault;
   2-20                    (B)  sexual assault; or
   2-21                    (C)  indecency with a child.
   2-22        SECTION 2.  This proposed amendment shall be submitted to the
   2-23  voters at an election to be held on November 2, 1993.  The ballot
   2-24  shall be printed to provide for voting for or against the
   2-25  proposition:  "The constitutional amendment permitting the denial
   2-26  of bail to certain persons charged with certain violent or sexual
   2-27  offenses committed while under the supervision of a criminal
    3-1  justice agency of the state or a political subdivision of the
    3-2  state."