| 1 | 1 | | 82R8304 MAW-D |
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| 2 | 2 | | By: Burkett, Carter H.J.R. No. 98 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment denying bail to certain |
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| 7 | 7 | | persons charged with a violent or sexual offense after having been |
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| 8 | 8 | | previously convicted of a violent or sexual offense. |
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| 9 | 9 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 11a, Article I, Texas Constitution, is |
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| 11 | 11 | | amended by amending Subsection (b) and adding Subsection (c) to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b) Notwithstanding Subsection (a) of this section, a |
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| 14 | 14 | | person taken into custody for committing a violent offense or |
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| 15 | 15 | | sexual offense shall be denied release on bail pending trial if a |
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| 16 | 16 | | judge or magistrate, following a hearing, determines that the |
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| 17 | 17 | | person has been previously convicted of a violent offense or sexual |
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| 18 | 18 | | offense. |
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| 19 | 19 | | (c) In this section: |
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| 20 | 20 | | (1) "Violent offense" means: |
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| 21 | 21 | | (A) murder; |
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| 22 | 22 | | (B) aggravated assault, if the accused used or |
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| 23 | 23 | | exhibited a deadly weapon during the commission of the assault; |
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| 24 | 24 | | (C) aggravated kidnapping; or |
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| 25 | 25 | | (D) aggravated robbery. |
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| 26 | 26 | | (2) "Sexual offense" means: |
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| 27 | 27 | | (A) aggravated sexual assault; |
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| 28 | 28 | | (B) sexual assault; or |
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| 29 | 29 | | (C) indecency with a child. |
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| 30 | 30 | | SECTION 2. This proposed constitutional amendment shall be |
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| 31 | 31 | | submitted to the voters at an election to be held November 8, 2011. |
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| 32 | 32 | | The ballot shall be printed to provide for voting for or against the |
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| 33 | 33 | | proposition: "The constitutional amendment denying bail to certain |
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| 34 | 34 | | persons charged with a violent or sexual offense after having been |
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| 35 | 35 | | previously convicted of a violent or sexual offense." |
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