By: Huffman, Bettencourt S.J.R. No. 3
         (In the Senate - Filed July 8, 2021; July 8, 2021, read
  first time and referred to Committee on Jurisprudence;
  July 12, 2021, reported favorably by the following vote:  Yeas 4,
  Nays 0; July 12, 2021, sent to printer.)
Click here to see the committee vote
 
 
 
SENATE JOINT RESOLUTION
 
 
  proposing a constitutional amendment requiring a judge or
  magistrate to impose the least restrictive conditions of bail that
  may be necessary and authorizing the denial of bail under some
  circumstances to a person accused of a violent or sexual offense or
  of continuous trafficking of persons.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11, Article I, Texas Constitution, is
  amended to read as follows:
         Sec. 11.  (a) All prisoners shall be bailable by sufficient
  sureties, unless for capital offenses, when the proof is evident;
  but this provision shall not be so construed as to prevent bail
  after indictment found upon examination of the evidence, in such
  manner as may be prescribed by law.
         (b)  In setting bail, a judge or magistrate shall impose the
  least restrictive conditions, if any, and the monetary bond or
  personal bond necessary to reasonably ensure the accused person's
  appearance in court as required and the safety of the community, law
  enforcement, and the victim of the alleged offense.
         SECTION 2.  Article I, Texas Constitution, is amended by
  adding Section 11d to read as follows:
         Sec. 11d.  (a) A person accused of committing a sexual
  offense punishable as a felony of the first degree, of committing a
  violent offense, or of committing continuous trafficking of persons
  may be denied bail pending trial if a judge or magistrate determines
  by clear and convincing evidence after a hearing that requiring
  bail and conditions of release is insufficient to reasonably
  ensure:
               (1)  the person's appearance in court as required; or
               (2)  the safety of the community, law enforcement, or
  the victim of the alleged offense.
         (b)  A judge or magistrate who denies a person bail in
  accordance with this section shall prepare a written order that
  includes findings of fact and a statement explaining the judge's or
  magistrate's reason for the denial.
         (c)  This section may not be construed to:
               (1)  limit any right a person has under other law to
  contest a denial of bail or to contest the amount of bail set by a
  judge or magistrate; or
               (2)  require any testimonial evidence before a judge or
  magistrate makes a bail decision with respect to a person to whom
  this section applies.
         (d)  For purposes of determining whether clear and
  convincing evidence exists to deny a person bail as described by
  this section, a judge or magistrate shall consider the factors
  required to be considered by a judge or magistrate in setting bail
  under general law, including statutory law governing criminal
  procedure.
         (e)  In this section, "violent offense" and "sexual offense"
  have the meanings assigned by Section 11a of this article.
         SECTION 3.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 2, 2021.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment requiring a judge or
  magistrate to impose the least restrictive conditions of bail that
  may be necessary and authorizing the denial of bail under some
  circumstances to a person accused of a violent or sexual offense or
  of continuous trafficking of persons."
 
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