By Carter H.J.R. No. 42
76R3710 JD-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment relating to the denial of bail
1-2 to persons charged with a third or subsequent offense involving the
1-3 operation while intoxicated of a motor vehicle, an aircraft, or a
1-4 watercraft.
1-5 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11a(a), Article I, Texas Constitution, is
1-7 amended to read as follows:
1-8 (a) Any person (1) accused of a felony less than capital in
1-9 this State, who has been theretofore twice convicted of a felony,
1-10 the second conviction being subsequent to the first, both in point
1-11 of time of commission of the offense and conviction therefor, (2)
1-12 accused of a felony less than capital in this State, committed
1-13 while on bail for a prior felony for which he has been indicted,
1-14 (3) accused of a felony less than capital in this State involving
1-15 the use of a deadly weapon after being convicted of a prior felony,
1-16 [or] (4) accused of a violent or sexual offense committed while
1-17 under the supervision of a criminal justice agency of the State or
1-18 a political subdivision of the State for a prior felony, or (5)
1-19 accused of an offense involving the operation while intoxicated of
1-20 a motor vehicle, an aircraft, or a watercraft, after having been
1-21 previously convicted two or more times of an offense involving the
1-22 operation while intoxicated of a motor vehicle, an aircraft, or a
1-23 watercraft, after a hearing, and upon evidence substantially
1-24 showing the guilt of the accused of the offense in (1), [or] (3),
2-1 or (5) above, of the offense committed while on bail in (2) above,
2-2 or of the offense in (4) above committed while under the
2-3 supervision of a criminal justice agency of the State or a
2-4 political subdivision of the State for a prior felony, may be
2-5 denied bail pending trial, by a district judge in this State, if
2-6 said order denying bail pending trial is issued within seven
2-7 calendar days subsequent to the time of incarceration of the
2-8 accused; provided, however, that if the accused is not accorded a
2-9 trial upon the accusation under (1), [or] (3), or (5) above, the
2-10 accusation and indictment used under (2) above, or the accusation
2-11 or indictment used under (4) above within sixty (60) days from the
2-12 time of his incarceration upon the accusation, the order denying
2-13 bail shall be automatically set aside, unless a continuance is
2-14 obtained upon the motion or request of the accused; provided,
2-15 further, that the right of appeal to the Court of Criminal Appeals
2-16 of this State is expressly accorded the accused for a review of any
2-17 judgment or order made hereunder, and said appeal shall be given
2-18 preference by the Court of Criminal Appeals.
2-19 SECTION 2. This proposed amendment shall be submitted to the
2-20 voters at an election to be held November 2, 1999. The ballot
2-21 shall be printed to permit voting for or against the proposition:
2-22 "The constitutional amendment permitting the denial of bail to a
2-23 person charged with an offense involving the operation while
2-24 intoxicated of a motor vehicle, an aircraft, or a watercraft after
2-25 having been convicted two or more times of a similar offense."