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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the denial of |
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pretrial release of a person accused of a noncapital offense if |
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necessary to ensure the person's appearance in court and the safety |
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of the community and the victim of the alleged offense. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11, Article I, Texas Constitution, is |
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amended to read as follows: |
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Sec. 11. (a) Except as provided by Subsection (b) of this |
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section and Sections 11a, 11b, and 11c of this article, any person |
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accused of an offense [All prisoners] shall be eligible for |
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pretrial release, whether on a bail bond or a personal bond |
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[bailable by sufficient sureties], unless the person is accused of |
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a [for] capital offense for which [offenses, when] the proof is |
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evident; but this provision shall not be [so] construed [as] to |
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prevent pretrial release [bail] after indictment found upon |
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examination of the evidence, in such manner as may be prescribed by |
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law. |
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(b) A person may be denied pretrial release if a judge or |
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magistrate determines by clear and convincing evidence that |
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requiring bail and conditions of release are insufficient to |
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reasonably ensure: |
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(1) the person's appearance in court as required; or |
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(2) the safety of the community or the victim of the |
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alleged 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 7, 2017. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the denial |
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of pretrial release of a person accused of a noncapital offense if |
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necessary to ensure the person's appearance in court and the safety |
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of the community and the victim of the alleged offense." |