By: Huffman, Hinojosa S.J.R. No. 44
         (In the Senate - Filed February 13, 2023; February 22, 2023,
  read first time and referred to Committee on Criminal Justice;
  March 9, 2023, reported favorably by the following vote:  Yeas 6,
  Nays 0, 1 present not voting; March 9, 2023, sent to printer.)
Click here to see the committee vote
 
 
 
SENATE 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 a
  judge or magistrate to impose the least restrictive conditions of
  bail that may be necessary to ensure the person's appearance in
  court as required and the safety of the community, law enforcement,
  and the victim of the alleged offense.
         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 [offences], 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, that are 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 7, 2023.
  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 a judge or magistrate to impose the least restrictive
  conditions of bail that may be necessary to ensure the person's
  appearance in court as required and the safety of the community, law
  enforcement, and the victim of the alleged offense."
 
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