By: Grusendorf H.J.R. No. 23
73R588 NSC-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the denial of bail
1-2 to certain persons charged with certain violent 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 offense committed while
1-15 on parole or under mandatory supervision, after a hearing, and upon
1-16 evidence substantially showing the guilt of the accused of the
1-17 offense in (1) or (3) above, <or> of the offense committed while on
1-18 bail in (2) above, or of the offense committed while on parole or
1-19 under mandatory supervision in (4) above, may be denied bail
1-20 pending trial, by a district judge in this State, if said order
1-21 denying bail pending trial is issued within seven calendar days
1-22 subsequent to the time of incarceration of the accused; provided,
1-23 however, that if the accused is not accorded a trial upon the
1-24 accusation under (1) or (3) above, <or> the accusation and
2-1 indictment used under (2) above, or the accusation or indictment
2-2 used under (4) above within sixty (60) days from the time of his
2-3 incarceration upon the accusation, the order denying bail shall be
2-4 automatically set aside, unless a continuance is obtained upon the
2-5 motion or request of the accused; provided, further, that the right
2-6 of appeal to the Court of Criminal Appeals of this State is
2-7 expressly accorded the accused for a review of any judgment or
2-8 order made hereunder, and said appeal shall be given preference by
2-9 the Court of Criminal Appeals.
2-10 (b) In this section, "violent offense" means:
2-11 (1) murder;
2-12 (2) aggravated assault;
2-13 (3) sexual assault;
2-14 (4) aggravated sexual assault; or
2-15 (5) aggravated robbery.
2-16 SECTION 2. This proposed amendment shall be submitted to the
2-17 voters at an election to be held on November 2, 1993. The ballot
2-18 shall be printed to provide for voting for or against the
2-19 proposition: "The constitutional amendment permitting the denial
2-20 of bail to certain persons charged with certain violent offenses
2-21 committed while on parole or under mandatory supervision."