| 1 | 1 | | 85R7448 MAW-F |
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| 2 | 2 | | By: Murr 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 authorizing the denial of |
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| 7 | 7 | | pretrial release of a person accused of a noncapital offense if |
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| 8 | 8 | | necessary to ensure the person's appearance in court and the safety |
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| 9 | 9 | | of the community and the victim of the alleged offense. |
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| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 11, Article I, Texas Constitution, is |
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| 12 | 12 | | amended to read as follows: |
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| 13 | 13 | | Sec. 11. (a) Except as provided by Subsection (b) of this |
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| 14 | 14 | | section and Sections 11a, 11b, and 11c of this article, any person |
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| 15 | 15 | | accused of an offense [All prisoners] shall be eligible for |
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| 16 | 16 | | pretrial release, whether on a bail bond or a personal bond |
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| 17 | 17 | | [bailable by sufficient sureties], unless the person is accused of |
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| 18 | 18 | | a [for] capital offense for which [offenses, when] the proof is |
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| 19 | 19 | | evident; but this provision shall not be [so] construed [as] to |
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| 20 | 20 | | prevent pretrial release [bail] after indictment found upon |
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| 21 | 21 | | examination of the evidence, in such manner as may be prescribed by |
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| 22 | 22 | | law. |
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| 23 | 23 | | (b) A person may be denied pretrial release if a judge or |
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| 24 | 24 | | magistrate determines by clear and convincing evidence that |
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| 25 | 25 | | requiring bail and conditions of release are insufficient to |
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| 26 | 26 | | reasonably ensure: |
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| 27 | 27 | | (1) the person's appearance in court as required; or |
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| 28 | 28 | | (2) the safety of the community or the victim of the |
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| 29 | 29 | | alleged offense. |
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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 7, 2017. |
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| 32 | 32 | | The ballot shall be printed to permit voting for or against the |
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| 33 | 33 | | proposition: "The constitutional amendment authorizing the denial |
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| 34 | 34 | | of pretrial release of a person accused of a noncapital offense if |
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| 35 | 35 | | necessary to ensure the person's appearance in court and the safety |
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| 36 | 36 | | of the community and the victim of the alleged offense." |
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