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1 | 1 | 86R2768 MAW-F | |
2 | 2 | By: Whitmire S.J.R. No. 37 | |
3 | 3 | ||
4 | 4 | ||
5 | 5 | A JOINT RESOLUTION | |
6 | 6 | proposing a constitutional amendment authorizing the denial of bail | |
7 | 7 | to an accused person if necessary to ensure the person's appearance | |
8 | 8 | in court and the safety of the community and the victim of the | |
9 | 9 | alleged offense. | |
10 | 10 | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
11 | 11 | SECTION 1. Article I, Texas Constitution, is amended by | |
12 | 12 | adding Section 11d to read as follows: | |
13 | 13 | Sec. 11d. A person may be denied bail pending trial if a | |
14 | 14 | judge or magistrate determines by clear and convincing evidence | |
15 | 15 | that requiring bail and conditions of release is insufficient to | |
16 | 16 | reasonably ensure: | |
17 | 17 | (1) the person's appearance in court as required; or | |
18 | 18 | (2) the safety of the community or the victim of the | |
19 | 19 | alleged offense. | |
20 | 20 | SECTION 2. This proposed constitutional amendment shall be | |
21 | 21 | submitted to the voters at an election to be held November 5, 2019. | |
22 | 22 | The ballot shall be printed to permit voting for or against the | |
23 | 23 | proposition: "The constitutional amendment authorizing the denial | |
24 | 24 | of bail to an accused person if necessary to ensure the person's | |
25 | 25 | appearance in court and the safety of the community and the victim | |
26 | 26 | of the alleged offense." |