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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the denial of bail |
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to a person who violates certain court orders or conditions of |
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release in a felony or family violence case. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article I, Texas Constitution, is amended by |
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amending Section 11b and adding Section 11c to read as follows: |
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Sec. 11b. Any person who is accused in this state of a |
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felony or an offense involving family violence, [in this state] who |
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is released on bail pending trial, and whose bail is subsequently |
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revoked or forfeited for a violation of a condition of release may |
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be denied bail pending trial if [on a determination by] a [district] |
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judge or magistrate in this state determines by a preponderance of |
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the evidence[,] at a subsequent hearing [to set or reinstate bail,] |
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that the person violated a condition of release related to the |
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safety of a victim of the alleged offense or to the safety of the |
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community. |
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Sec. 11c. The legislature by general law may provide that |
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any person who violates an order for emergency protection issued by |
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a judge or magistrate after an arrest for an offense involving |
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family violence or who violates an active protective order rendered |
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by a court in a family violence case, including a temporary ex parte |
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order that has been served on the person, or who engages in conduct |
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that constitutes an offense involving the violation of an order |
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described by this section may be taken into custody and, pending |
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trial or other court proceedings, denied release on bail if |
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following a hearing a judge or magistrate in this state determines |
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by a preponderance of the evidence that the person violated the |
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order or engaged in the conduct constituting the offense. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 6, 2007. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment authorizing the denial |
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of bail to a person who violates certain court orders or conditions |
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of release in a felony or family violence case." |