By Lewis of Tarrant H.J.R. No. 27
76R871 JMC-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 I, 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 __.J.R. No.__, 76th
2-17 Legislature, Regular Session, 1999, and expires January 2, 2001.
2-18 (b) The amendment to Subsection (a), Section 11a, Article I,
2-19 of this constitution, takes effect January 1, 2000, 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 2, 1999.
3-4 The ballot shall be printed to provide for voting for or against
3-5 the following proposition: "The constitutional amendment to
3-6 lengthen the period during which a district judge may issue an
3-7 order denying bail in certain criminal cases."