| 1 | 1 | | 86R15595 ADM-D |
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| 2 | 2 | | By: Reynolds H.J.R. No. 101 |
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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 creating a presumption that |
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| 7 | 7 | | nonviolent criminal defendants will be released on personal bond |
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| 8 | 8 | | unless good cause is shown otherwise. |
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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 11, Article I, Texas Constitution, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 11. (a) All prisoners shall be bailable by sufficient |
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| 13 | 13 | | sureties, unless for capital offenses, when the proof is evident; |
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| 14 | 14 | | but this provision shall not be so construed as to prevent bail |
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| 15 | 15 | | after indictment found upon examination of the evidence, in such |
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| 16 | 16 | | manner as may be prescribed by law. |
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| 17 | 17 | | (b) A person charged with only one or more nonviolent |
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| 18 | 18 | | offenses shall be released on personal bond pending trial unless a |
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| 19 | 19 | | judge or magistrate determines by clear and convincing evidence |
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| 20 | 20 | | that release on personal bond would be insufficient to reasonably |
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| 21 | 21 | | ensure: |
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| 22 | 22 | | (1) the person's appearance in court as required; and |
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| 23 | 23 | | (2) the safety of the community and the victim of the |
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| 24 | 24 | | alleged offense. |
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| 25 | 25 | | SECTION 2. This proposed constitutional amendment shall be |
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| 26 | 26 | | submitted to the voters at an election to be held November 5, 2019. |
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| 27 | 27 | | The ballot shall be printed to permit voting for or against the |
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| 28 | 28 | | proposition: "The constitutional amendment creating a presumption |
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| 29 | 29 | | that nonviolent criminal defendants will be released on personal |
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| 30 | 30 | | bond unless good cause is shown otherwise." |
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