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.
1-3 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
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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