By:  Grusendord                                       H.J.R. No. 23
                (In the Senate - Filed April 21, 1993; April 21, 1993, read
          first time and referred to Committee on Criminal Justice;
          May 12, 1993, reported adversely, with favorable Committee
          Substitute by the following vote:  Yeas 6, Nays 0; May 12, 1993,
          sent to printer.)
                                    COMMITTEE VOTE
                                  Yea     Nay      PNV      Absent 
                Whitmire           x                               
                Brown              x                               
                Nelson             x                               
                Sibley                                        x    
                Sims               x                               
                Turner             x                               
                West               x                               
          COMMITTEE SUBSTITUTE FOR H.J.R. No. 23                    By:  West
                                  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.
    1-4        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
   1-25  of incarceration of the accused; provided, however, that if the
   1-26  accused is not accorded a trial upon the accusation under (1) or
   1-27  (3) above, <or> the accusation and indictment used under (2) above,
   1-28  or the accusation or indictment used under (4) above within sixty
   1-29  (60) days from the time of his incarceration upon the accusation,
   1-30  the order denying bail shall be automatically set aside, unless a
   1-31  continuance is obtained upon the motion or request of the accused;
   1-32  provided, further, that the right of appeal to the Court of
   1-33  Criminal Appeals of this State is expressly accorded the accused
   1-34  for a review of any judgment or order made hereunder, and said
   1-35  appeal shall be given preference by the Court of Criminal Appeals.
   1-36        (b)  In this section:
   1-37              (1)  "Violent offense" means:
   1-38                    (A)  murder;
   1-39                    (B)  aggravated assault, if the accused used or
   1-40  exhibited a deadly weapon during the commission of the assault;
   1-41                    (C)  aggravated kidnapping; or
   1-42                    (D)  aggravated robbery.
   1-43              (2)  "Sexual offense" means:
   1-44                    (A)  aggravated sexual assault;
   1-45                    (B)  sexual assault; or
   1-46                    (C)  indecency with a child.
   1-47        SECTION 2.  This proposed amendment shall be submitted to the
   1-48  voters at an election to be held on November 2, 1993.  The ballot
   1-49  shall be printed to provide for voting for or against the
   1-50  proposition:  "The constitutional amendment permitting the denial
   1-51  of bail to certain persons charged with certain violent or sexual
   1-52  offenses committed while under the supervision of a criminal
   1-53  justice agency of the state or a political subdivision of the
   1-54  state."
   1-55                               * * * * *
   1-56                                                         Austin,
   1-57  Texas
   1-58                                                         May 12, 1993
   1-59  Hon. Bob Bullock
   1-60  President of the Senate
   1-61  Sir:
   1-62  We, your Committee on Criminal Justice to which was referred H.J.R.
   1-63  No. 23, have had the same under consideration, and I am instructed
   1-64  to report it back to the Senate with the recommendation that it do
   1-65  not pass, but that the Committee Substitute adopted in lieu thereof
   1-66  do pass and be printed.
   1-67                                                         Whitmire,
   1-68  Chairman
    2-1                               * * * * *
    2-2                               WITNESSES
    2-3                                                  FOR   AGAINST  ON
    2-4  ___________________________________________________________________
    2-5  Name:  Terry Thatcher                            x
    2-6  Representing:  Amy Lynn Thatcher
    2-7  City:  Weatherford
    2-8  -------------------------------------------------------------------
    2-9  Name:  Mary Thatcher                             x
   2-10  Representing:  Amy Lynn Thatcher
   2-11  City:  Weatherford
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