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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the denial of bail |
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under some circumstances to a person accused of a violent or sexual |
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offense or of continuous trafficking of persons, and requiring the |
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denial of bail to a person accused of capital murder or a sexual |
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offense involving a victim younger than 17 years of age under most |
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circumstances. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article I, Texas Constitution, is amended by |
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adding Sections 11d and 11e to read as follows: |
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Sec. 11d. (a) A person accused of committing a violent or |
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sexual offense, or of committing continuous trafficking of persons, |
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may be denied bail pending trial if a judge or magistrate determines |
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that requiring bail and conditions of release is 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, law enforcement, or |
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the victim of the alleged offense. |
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(b) A judge or magistrate who denies a person bail in |
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accordance with this section shall prepare a written order that |
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includes findings of fact and a statement explaining the judge or |
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magistrate's reason for the denial. |
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(c) This section may not be construed to: |
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(1) limit any right a person has under other law to |
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contest a denial of bail or to contest the amount of bail set by a |
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judge or magistrate; or |
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(2) require any hearing or procedure, not otherwise |
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required by this section or by general law, before a judge or |
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magistrate makes a bail decision with respect to a person to whom |
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this section applies. |
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(d) In this section, "violent offense" and "sexual offense" |
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have the meanings assigned by Section 11a of this article. |
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Sec. 11e. (a) A person accused of committing capital |
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murder, or of committing a sexual offense involving a victim |
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younger than 17 years of age, shall be denied bail pending trial |
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unless a judge or magistrate determines by clear and convincing |
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evidence that, based on the existence of extraordinary |
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circumstances, the judge or magistrate is able to set bail and |
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conditions of release sufficient to reasonably 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, law enforcement, and |
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the victim of the alleged offense. |
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(b) A judge or magistrate who denies a person bail in |
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accordance with this section shall prepare a written order that |
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includes findings of fact and a statement explaining the judge or |
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magistrate's reason for the denial. |
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(c) This section may not be construed to: |
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(1) limit any right a person has under other law to |
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contest a denial of bail or to contest the amount of bail set by a |
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judge or magistrate; or |
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(2) require any hearing or procedure, not otherwise |
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required by this section or by general law, before a judge or |
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magistrate makes a bail decision with respect to a person to whom |
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this section applies. |
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(d) In this section, "sexual offense" has the meaning |
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assigned by Section 11a of this article. |
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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 2, 2021. |
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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 bail under some circumstances to a person accused of a violent or |
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sexual offense or of continuous trafficking of persons, and |
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requiring the denial of bail to a person accused of capital murder |
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or a sexual offense involving a victim younger than 17 years of age |
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under most circumstances." |