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.
    1-4        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."