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A JOINT RESOLUTION
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proposing a constitutional amendment creating a presumption that |
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nonviolent criminal defendants will be released on personal bond |
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unless good cause is shown otherwise. |
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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) All prisoners shall be bailable by sufficient |
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sureties, unless for capital offenses, when the proof is evident; |
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but this provision shall not be so construed as to prevent bail |
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after indictment found upon examination of the evidence, in such |
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manner as may be prescribed by law. |
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(b) A person charged with only one or more nonviolent |
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offenses shall be released on personal bond pending trial unless a |
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judge or magistrate determines by clear and convincing evidence |
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that release on personal bond would be insufficient to reasonably |
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ensure: |
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(1) the person's appearance in court as required; and |
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(2) the safety of the community and 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 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment creating a presumption |
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that nonviolent criminal defendants will be released on personal |
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bond unless good cause is shown otherwise." |