By McClendon                                          H.J.R. No. 15
         76R451 PEP-D                           
                                 A JOINT RESOLUTION
 1-1     proposing a constitutional amendment to permit the denial of bail
 1-2     to certain persons charged with committing intoxication
 1-3     manslaughter.
 1-4           BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 11a(a), Article I, Texas Constitution, is
 1-6     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 the person [he] has been
1-13     indicted, (3) accused of a felony less than capital in this State
1-14     involving the use of a deadly weapon after being convicted of a
1-15     prior felony, [or] (4) accused of a violent or sexual offense
1-16     committed while under the supervision of a criminal justice agency
1-17     of the State or a political subdivision of the State for a prior
1-18     felony, or (5) accused of intoxication manslaughter after being
1-19     convicted of a prior felony involving the operation of a motor
1-20     vehicle while intoxicated, after a hearing, and upon evidence
1-21     substantially showing the guilt of the accused of the offense in
1-22     (1), [or] (3), or (5) above, of the offense committed while on bail
1-23     in (2) above, or of the offense in (4) above committed while under
1-24     the supervision of a criminal justice agency of the State or a
 2-1     political subdivision of the State for a prior felony, may be
 2-2     denied bail pending trial, by a district judge in this State, if
 2-3     said order denying bail pending trial is issued within seven
 2-4     calendar days subsequent to the time of incarceration of the
 2-5     accused; provided, however, that if the accused is not accorded a
 2-6     trial upon the accusation under (1), [or] (3), or (5) above, the
 2-7     accusation and indictment used under (2) above, or the accusation
 2-8     or indictment used under (4) above within sixty (60) days from the
 2-9     time of the person's [his] incarceration upon the accusation, the
2-10     order denying bail shall be automatically set aside, unless a
2-11     continuance is obtained upon the motion or request of the accused;
2-12     provided, further, that the right of appeal to the Court of
2-13     Criminal Appeals of this State is expressly accorded the accused
2-14     for a review of any judgment or order made hereunder, and said
2-15     appeal shall be given preference by the Court of Criminal Appeals.
2-16           SECTION 2.  This proposed constitutional amendment shall be
2-17     submitted to the voters at an election to be held November 2, 1999.
2-18     The ballot shall be printed to permit voting for or against the
2-19     proposition: "The constitutional amendment to permit the denial of
2-20     bail to certain persons charged with committing intoxication
2-21     manslaughter after being convicted of a prior felony involving the
2-22     operation of a motor vehicle while intoxicated."