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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the denial of bail |
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to an accused person if necessary to ensure the person's appearance |
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in court and the safety of the community, law enforcement, and the |
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victim of the alleged offense, and requiring the denial of bail to a |
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person accused of capital murder or a sexual offense involving |
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children under most 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 a violent or sexual |
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offense, or other offenses as authorized by the legislature by law, |
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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) This section may not be construed to require additional |
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hearings or procedures, other than those authorized or required by |
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the legislature before a judge or magistrate makes a bail decision, |
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before a person may be denied bail in accordance with this section. |
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(c) 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 capital murder or a |
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sexual offense involving a victim younger than 17 years of age, must |
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be denied bail pending trial unless a judge or magistrate |
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determines by clear and convincing evidence that extraordinary |
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circumstances allow the judge or magistrate 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) 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 to an accused person if necessary to ensure the person's |
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appearance in court and the safety of the community, law |
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enforcement, and the victim of the alleged offense, and requiring |
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the denial of bail to a person accused of capital murder or a sexual |
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offense involving children under most circumstances." |