Texas 2019 86th Regular

Texas House Bill HJR101 Introduced / Bill

Filed 03/04/2019

                    86R15595 ADM-D
 By: Reynolds H.J.R. No. 101


 A JOINT RESOLUTION
 proposing a constitutional amendment creating a presumption that
 nonviolent criminal defendants will be released on personal bond
 unless good cause is shown otherwise.
 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 11, Article I, Texas Constitution, is
 amended to read as follows:
 Sec. 11.  (a)  All prisoners shall be bailable by sufficient
 sureties, unless for capital offenses, when the proof is evident;
 but this provision shall not be so construed as to prevent bail
 after indictment found upon examination of the evidence, in such
 manner as may be prescribed by law.
 (b)  A person charged with only one or more nonviolent
 offenses shall be released on personal bond pending trial unless a
 judge or magistrate determines by clear and convincing evidence
 that release on personal bond would be insufficient to reasonably
 ensure:
 (1)  the person's appearance in court as required; and
 (2)  the safety of the community and the victim of the
 alleged offense.
 SECTION 2.  This proposed constitutional amendment shall be
 submitted to the voters at an election to be held November 5, 2019.
 The ballot shall be printed to permit voting for or against the
 proposition: "The constitutional amendment creating a presumption
 that nonviolent criminal defendants will be released on personal
 bond unless good cause is shown otherwise."