|
|
|
A JOINT RESOLUTION
|
|
proposing a constitutional amendment authorizing the denial of bail |
|
to certain persons charged with a violent or sexual offense after |
|
having been previously convicted of a violent or sexual offense. |
|
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 11a, Article I, Texas Constitution, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
read as follows: |
|
(b) Notwithstanding Subsection (a) of this section, a |
|
person taken into custody for committing a violent offense or |
|
sexual offense may be denied release on bail pending trial if a |
|
judge or magistrate, following a hearing, determines that the |
|
person has been previously convicted of a violent offense or sexual |
|
offense. |
|
(c) In this section: |
|
(1) "Violent offense" means: |
|
(A) murder; |
|
(B) aggravated assault, if the accused used or |
|
exhibited a deadly weapon during the commission of the assault; |
|
(C) aggravated kidnapping; or |
|
(D) aggravated robbery. |
|
(2) "Sexual offense" means: |
|
(A) aggravated sexual assault; |
|
(B) sexual assault; or |
|
(C) indecency with a child. |
|
SECTION 2. This proposed constitutional amendment shall be |
|
submitted to the voters at an election to be held November 5, 2013. |
|
The ballot shall be printed to provide for voting for or against the |
|
proposition: "The constitutional amendment authorizing the denial |
|
of bail to certain persons charged with a violent or sexual offense |
|
after having been previously convicted of a violent or sexual |
|
offense." |