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."