| 1 | | - | By: Kacal, et al. (Senate Sponsor - Huffman) H.J.R. No. 4 |
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| 2 | | - | (In the Senate - Received from the House May 12, 2021; |
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| 3 | | - | May 13, 2021, read first time and referred to Committee on |
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| 4 | | - | Jurisprudence; May 21, 2021, reported favorably by the following |
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| 5 | | - | vote: Yeas 4, Nays 1; May 21, 2021, sent to printer.) |
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| 6 | | - | Click here to see the committee vote |
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| 1 | + | By: Kacal, Price, Lambert, Murr H.J.R. No. 4 |
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| 10 | 5 | | proposing a constitutional amendment authorizing the denial of bail |
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| 11 | 6 | | under some circumstances to a person accused of a violent or sexual |
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| 12 | 7 | | offense or of continuous trafficking of persons. |
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| 13 | 8 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 9 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 15 | 10 | | adding Section 11d to read as follows: |
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| 16 | 11 | | Sec. 11d. (a) A person accused of committing a violent or |
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| 17 | 12 | | sexual offense, or of committing continuous trafficking of persons, |
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| 18 | 13 | | may be denied bail pending trial if a judge or magistrate determines |
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| 19 | 14 | | by clear and convincing evidence that requiring bail and conditions |
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| 20 | 15 | | of release is insufficient to reasonably ensure: |
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| 21 | 16 | | (1) the person's appearance in court as required; or |
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| 22 | 17 | | (2) the safety of the community, law enforcement, or |
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| 23 | 18 | | the victim of the alleged offense. |
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| 24 | 19 | | (b) A judge or magistrate who denies a person bail in |
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| 25 | 20 | | accordance with this section shall prepare a written order that |
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| 26 | 21 | | includes findings of fact and a statement explaining the judge or |
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| 27 | 22 | | magistrate's reason for the denial. |
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| 28 | 23 | | (c) This section may not be construed to: |
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| 29 | 24 | | (1) limit any right a person has under other law to |
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| 30 | 25 | | contest a denial of bail or to contest the amount of bail set by a |
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| 31 | 26 | | judge or magistrate; or |
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| 32 | 27 | | (2) require any hearing or procedure before a judge or |
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| 33 | 28 | | magistrate makes a bail decision with respect to a person to whom |
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| 34 | 29 | | this section applies. |
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| 35 | 30 | | (d) In this section, "violent offense" and "sexual offense" |
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| 36 | 31 | | have the meanings assigned by Section 11a of this article. |
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| 37 | 32 | | SECTION 2. This proposed constitutional amendment shall be |
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| 38 | 33 | | submitted to the voters at an election to be held November 2, 2021. |
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| 39 | 34 | | The ballot shall be printed to permit voting for or against the |
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| 40 | 35 | | proposition: "The constitutional amendment authorizing the denial |
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| 41 | 36 | | of bail under some circumstances to a person accused of a violent or |
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| 42 | 37 | | sexual offense or of continuous trafficking of persons." |
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