| |
|
|
SENATE JOINT RESOLUTION
|
|
|
proposing a constitutional amendment authorizing the denial of bail |
|
|
to defendants charged with certain offenses against children. |
|
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Article I, Texas Constitution, is amended by |
|
|
adding Section 11c to read as follows: |
|
|
Sec. 11c. (a) The legislature by general law may provide |
|
|
that any person alleged to have committed an offense described by |
|
|
Subsection (b) of this section may be denied release on bail on a |
|
|
determination by a judge by clear and convincing evidence following |
|
|
a hearing that there is no condition or combination of conditions of |
|
|
bail that will reasonably assure the appearance of the defendant |
|
|
and the safety of a victim of or witness to the alleged offense or |
|
|
any other member of the community. |
|
|
(b) This section applies to a defendant alleged to have |
|
|
committed against a victim younger than 17 years of age the offense |
|
|
of: |
|
|
(1) sexual assault or aggravated sexual assault; |
|
|
(2) prohibited sexual contact; or |
|
|
(3) sexual performance by a child. |
|
|
SECTION 2. This proposed constitutional amendment shall be |
|
|
submitted to the voters at an election to be held November 6, 2007. |
|
|
The ballot shall be printed to provide for voting for or against the |
|
|
proposition: "The constitutional amendment authorizing the denial |
|
|
of bail to defendants charged with certain offenses against |
|
|
children." |