87R19467 ADM-F
By: Kacal, Price, Lambert H.J.R. No. 4
Substitute the following for H.J.R. No. 4:
By: Bell of Kaufman C.S.H.J.R. No. 4
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail
under some circumstances to a person accused of a violent or sexual
offense or of continuous trafficking of persons, and requiring the
denial of bail to a person accused of capital murder or a sexual
offense involving a victim younger than 17 years of age under most
circumstances.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Sections 11d and 11e to read as follows:
Sec. 11d. (a) A person accused of committing a violent or
sexual offense, or of committing continuous trafficking of persons,
may be denied bail pending trial if a judge or magistrate determines
that requiring bail and conditions of release is insufficient to
reasonably ensure:
(1) the person's appearance in court as required; or
(2) the safety of the community, law enforcement, or
the victim of the alleged offense.
(b) A judge or magistrate who denies a person bail in
accordance with this section shall prepare a written order that
includes findings of fact and a statement explaining the judge or
magistrate's reason for the denial.
(c) This section may not be construed to:
(1) limit any right a person has under other law to
contest a denial of bail or to contest the amount of bail set by a
judge or magistrate; or
(2) require any hearing or procedure, not otherwise
required by this section or by general law, before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
(d) In this section, "violent offense" and "sexual offense"
have the meanings assigned by Section 11a of this article.
Sec. 11e. (a) A person accused of committing capital
murder, or of committing a sexual offense involving a victim
younger than 17 years of age, shall be denied bail pending trial
unless a judge or magistrate determines by clear and convincing
evidence that, based on the existence of extraordinary
circumstances, the judge or magistrate is able to set bail and
conditions of release sufficient to reasonably ensure:
(1) the person's appearance in court as required; and
(2) the safety of the community, law enforcement, and
the victim of the alleged offense.
(b) A judge or magistrate who denies a person bail in
accordance with this section shall prepare a written order that
includes findings of fact and a statement explaining the judge or
magistrate's reason for the denial.
(c) This section may not be construed to:
(1) limit any right a person has under other law to
contest a denial of bail or to contest the amount of bail set by a
judge or magistrate; or
(2) require any hearing or procedure, not otherwise
required by this section or by general law, before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
(d) In this section, "sexual offense" has the meaning
assigned by Section 11a of this article.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 2, 2021.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the denial
of bail under some circumstances to a person accused of a violent or
sexual offense or of continuous trafficking of persons, and
requiring the denial of bail to a person accused of capital murder
or a sexual offense involving a victim younger than 17 years of age
under most circumstances."