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proposing a constitutional amendment requiring the denial of bail |
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to persons accused of certain offenses punishable as a felony who |
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have previously been convicted of or who were released on bail for |
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certain offenses punishable as a felony at the time of the new |
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offense. |
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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 11f to read as follows: |
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Sec. 11f. (a) This section applies only to a person accused |
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of committing one or more of the following offenses: |
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(1) murder; |
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(2) capital murder; |
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(3) aggravated assault if the person: |
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(A) caused serious bodily injury, as that term is |
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defined by general law, to another; or |
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(B) used a firearm, club, knife, or explosive |
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weapon, as those terms are defined by general law, during the |
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commission of the assault; |
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(4) aggravated kidnapping; |
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(5) aggravated robbery; |
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(6) aggravated sexual assault; |
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(7) indecency with a child; |
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(8) trafficking of persons; or |
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(9) continuous trafficking of persons. |
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(b) Notwithstanding any other provision of this |
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constitution, a person to whom this section applies shall be denied |
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bail pending trial if a judge or magistrate determines after a |
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hearing that the attorney representing the state demonstrates: |
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(1) probable cause exists to believe that the person |
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engaged in conduct constituting an offense described by Subsection |
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(a) of this section; and |
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(2) the person: |
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(A) was previously convicted of an offense |
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described by Subsection (a) of this section; or |
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(B) at the time of the new offense, was released |
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on bail for an offense described by Subsection (a) of this section. |
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(c) At a hearing described by this section, a person is |
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entitled to be represented by counsel. |
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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 requiring the denial of |
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bail to persons accused of certain offenses punishable as a felony |
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who have previously been convicted of or who were released on bail |
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for certain offenses punishable as a felony at the time of the new |
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offense." |