79R13240 PEP-D


By:  Gattis                                                     H.J.R. No. 56 

Substitute the following for H.J.R. No. 56:                                   

By:  Keel                                                   C.S.H.J.R. No. 56 


A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial. BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article I, Texas Constitution, is amended by adding Section 11b to read as follows: Sec. 11b. VIOLATION OF CONDITION OF RELEASE PENDING TRIAL; DENIAL OF BAIL. Any person accused of a felony in this state who is released on bail pending trial and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial on a determination by a district judge in this state, at a subsequent hearing to set or reinstate bail, that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community. SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 8, 2005. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial."