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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 a person accused of certain violent offenses or of continuous |
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trafficking of persons. |
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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 Section 11d to read as follows: |
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Sec. 11d. (a) In this section, "violent offense" means: |
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(1) murder; |
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(2) aggravated assault, if the victim of the assault |
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was a peace officer; |
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(3) aggravated robbery, if the accused used or |
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exhibited a firearm during the commission of the robbery; or |
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(4) aggravated sexual assault, if the accused: |
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(A) causes, attempts to cause, or threatens to |
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cause serious bodily injury or death to the victim or another person |
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in the course of the same criminal episode; or |
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(B) uses or exhibits a deadly weapon in the |
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course of the same criminal episode. |
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(b) A person accused of committing a violent offense or of |
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committing continuous trafficking of persons may be denied bail |
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pending trial, by a district judge in this state, if the order |
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denying bail is issued not later than the seventh day after the |
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date of incarceration of the accused. |
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(c) If the trial for an offense for which the accused is |
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denied bail under Subsection (b) does not begin on or before the |
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60th day after the date of the accused's incarceration, the judge |
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that issued the order denying bail shall set aside the order unless |
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the trial delay is due to a continuance obtained on the motion of |
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the accused. |
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(d) A person denied bail under Subsection (b) may appeal the |
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order denying bail to the Court of Criminal Appeals. The Court of |
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Criminal Appeals shall give preference in its docket to an appeal |
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filed under this subsection. |
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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 4, 2025. |
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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 a person accused of certain violent offenses or of |
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continuous trafficking of persons." |