87R30405 ADM-D
By: Huffman S.R. No. 550
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 87th
Legislature, Regular Session, 2021, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Joint Resolution 4 (requiring a judge or magistrate to impose the
least restrictive conditions of bail that may be necessary and
authorizing the denial of bail under some circumstances to a person
accused of a violent or sexual offense or of continuous trafficking
of persons) to consider and take action on the following matter:
Senate Rules 12.03(1) and (4) are suspended to permit the
committee to change, alter, or amend text which is not in
disagreement and to add text on a matter which is not included in
either the house or senate version of the joint resolution in
proposed SECTION 2 of the joint resolution, by amending proposed
Sections 11d(a) and (c), Article I, Texas Constitution, to read as
follows:
(a) A person accused of committing a sexual offense
punishable as a felony of the first degree, of committing a violent
offense, or of committing continuous trafficking of persons may be
denied bail pending trial if a judge or magistrate determines by
clear and convincing evidence after a hearing 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.
(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 testimonial evidence before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
Explanation: This change is necessary to clarify which
persons may be denied bail pending trial and the procedural
requirements imposed on a judge or magistrate before making certain
bail decisions.