By Lewis of Tarrant                             H.J.R. No. 71

      75R3554 GWK-D                           

                                 A JOINT RESOLUTION

 1-1     proposing a constitutional amendment to lengthen the period during

 1-2     which a district judge may issue an order denying bail in certain

 1-3     criminal cases.

 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subsection (a), Section 11a, Article 1, Texas

 1-6     Constitution, is amended to read as follows:

 1-7           (a)  Any person (1) accused of a felony less than capital in

 1-8     this State, who has been theretofore twice convicted of a felony,

 1-9     the second conviction being subsequent to the first, both in point

1-10     of time of commission of the offense and conviction therefor, (2)

1-11     accused of a felony less than capital in this State, committed

1-12     while on bail for a prior felony for which he has been indicted,

1-13     (3) accused of a felony less than capital in this State involving

1-14     the use of a deadly weapon after being convicted of a prior felony,

1-15     or (4) accused of a violent or sexual offense committed while under

1-16     the supervision of a criminal justice agency of the State or a

1-17     political subdivision of the State for a prior felony, after a

1-18     hearing, and upon evidence substantially showing the guilt of the

1-19     accused of the offense in (1) or (3) above, of the offense

1-20     committed while on bail in (2) above, or of the offense in (4)

1-21     above committed while under the supervision of a criminal justice

1-22     agency of the State or a political subdivision of the State for a

1-23     prior felony, may be denied bail pending trial, by a district judge

1-24     in this State, if said order denying bail pending trial is issued

 2-1     within 30 [seven] calendar days subsequent to the time of

 2-2     incarceration of the accused;  provided, however, that if the

 2-3     accused is not accorded a trial upon the accusation under (1) or

 2-4     (3) above, the accusation and indictment used under (2) above, or

 2-5     the accusation or indictment used under (4) above within sixty (60)

 2-6     days from the time of his incarceration upon the accusation, the

 2-7     order denying bail shall be automatically set aside, unless a

 2-8     continuance is obtained upon the motion or request of the accused;

 2-9     provided, further, that the right of appeal to the Court of

2-10     Criminal Appeals of this State is expressly accorded the accused

2-11     for a review of any judgment or order made hereunder, and said

2-12     appeal shall be given preference by the Court of Criminal Appeals.

2-13           SECTION 2.  The following temporary provision is added to the

2-14     Texas Constitution:

2-15           TEMPORARY PROVISION.  (a)  This temporary provision applies

2-16     to the constitutional amendment proposed by S.J.R. No.__, 75th

2-17     Legislature, Regular Session, 1997, and expires January 1, 1999.

2-18           (b)  The amendment to Subsection (a), Section 11a, Article 1,

2-19     of this constitution, takes effect January 1, 1998, and applies

2-20     only to a defendant charged with an offense committed on or after

2-21     the effective date of this amendment.  For purposes of this

2-22     section, an offense is committed before the effective date of this

2-23     amendment if any element of the offense occurs before the effective

2-24     date.

2-25           (c)  A defendant charged with an offense committed before the

2-26     effective date of this amendment is covered by the law in effect

2-27     when the offense was committed, and the former law is continued in

 3-1     effect for that purpose.

 3-2           SECTION 3.  This proposed constitutional amendment shall be

 3-3     submitted to the voters at an election to be held November 4, 1997.

 3-4     The ballot shall be printed to permit voting for or against the

 3-5     following proposition:  "The constitutional amendment to lengthen

 3-6     the period during which a district judge may issue an order denying

 3-7     bail in certain criminal cases."