87R19467 ADM-F
 
  By: Kacal, Price, Lambert H.J.R. No. 4
 
  Substitute the following for H.J.R. No. 4:
 
  By:  Bell of Kaufman C.S.H.J.R. No. 4
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the denial of bail
  under some circumstances to a person accused of a violent or sexual
  offense or of continuous trafficking of persons, and requiring the
  denial of bail to a person accused of capital murder or a sexual
  offense involving a victim younger than 17 years of age under most
  circumstances.
         BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article I, Texas Constitution, is amended by
  adding Sections 11d and 11e to read as follows:
         Sec. 11d.  (a) A person accused of committing a violent or
  sexual offense, or of committing continuous trafficking of persons,
  may be denied bail pending trial if a judge or magistrate determines
  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 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 hearing or procedure, not otherwise
  required by this section or by general law, before a judge or
  magistrate makes a bail decision with respect to a person to whom
  this section applies.
         (d)  In this section, "violent offense" and "sexual offense"
  have the meanings assigned by Section 11a of this article.
         Sec. 11e.  (a) A person accused of committing capital
  murder, or of committing a sexual offense involving a victim
  younger than 17 years of age, shall be denied bail pending trial
  unless a judge or magistrate determines by clear and convincing
  evidence that, based on the existence of extraordinary
  circumstances, the judge or magistrate is able to set bail and
  conditions of release sufficient to reasonably ensure:
               (1)  the person's appearance in court as required; and
               (2)  the safety of the community, law enforcement, and
  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 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 hearing or procedure, not otherwise
  required by this section or by general law, before a judge or
  magistrate makes a bail decision with respect to a person to whom
  this section applies.
         (d)  In this section, "sexual offense" has the meaning
  assigned by Section 11a of this article.
         SECTION 2.  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 authorizing the denial
  of bail under some circumstances to a person accused of a violent or
  sexual offense or of continuous trafficking of persons, and
  requiring the denial of bail to a person accused of capital murder
  or a sexual offense involving a victim younger than 17 years of age
  under most circumstances."