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SENATE JOINT RESOLUTION
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proposing a constitutional amendment authorizing the denial of bail |
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to defendants charged with certain offenses against children. |
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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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adding Section 11c to read as follows: |
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Sec. 11c. (a) The legislature by general law may provide |
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that any person alleged to have committed an offense described by |
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Subsection (b) of this section may be denied release on bail on a |
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determination by a judge by clear and convincing evidence following |
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a hearing that there is no condition or combination of conditions of |
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bail that will reasonably assure the appearance of the defendant |
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and the safety of a victim of or witness to the alleged offense or |
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any other member of the community. |
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(b) This section applies to a defendant alleged to have |
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committed against a victim younger than 17 years of age the offense |
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of: |
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(1) sexual assault or aggravated sexual assault; |
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(2) prohibited sexual contact; or |
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(3) sexual performance by a child. |
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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 defendants charged with certain offenses against |
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children." |