82R8304 MAW-D
By: Burkett, Carter H.J.R. No. 98
A JOINT RESOLUTION
proposing a constitutional amendment denying bail to certain
persons charged with a violent or sexual offense after having been
previously convicted of a violent or sexual offense.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11a, Article I, Texas Constitution, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Notwithstanding Subsection (a) of this section, a
person taken into custody for committing a violent offense or
sexual offense shall be denied release on bail pending trial if a
judge or magistrate, following a hearing, determines that the
person has been previously convicted of a violent offense or sexual
offense.
(c) In this section:
(1) "Violent offense" means:
(A) murder;
(B) aggravated assault, if the accused used or
exhibited a deadly weapon during the commission of the assault;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2) "Sexual offense" means:
(A) aggravated sexual assault;
(B) sexual assault; or
(C) indecency with a child.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 8, 2011.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment denying bail to certain
persons charged with a violent or sexual offense after having been
previously convicted of a violent or sexual offense."