| Old | New | Differences | |
|---|---|---|---|
| 1 | + | 87R30405 ADM-D | |
| 1 | 2 | By: Huffman S.R. No. 550 | |
| 2 | 3 | ||
| 3 | 4 | ||
| 4 | - | | |
| 5 | + | R E S O L U T I O N | |
| 5 | 6 | BE IT RESOLVED by the Senate of the State of Texas, 87th | |
| 6 | 7 | Legislature, Regular Session, 2021, That Senate Rule 12.03 be | |
| 7 | 8 | suspended in part as provided by Senate Rule 12.08 to enable the | |
| 8 | - | conference committee appointed to resolve the differences on | |
| 9 | - | House Joint Resolution 4 (requiring a judge or magistrate to | |
| 10 | - | impose the least restrictive conditions of bail that may be | |
| 11 | - | necessary and authorizing the denial of bail under some | |
| 12 | - | circumstances to a person accused of a violent or sexual offense | |
| 13 | - | or of continuous trafficking of persons) to consider and take | |
| 14 | - | action on the following matter: | |
| 9 | + | conference committee appointed to resolve the differences on House | |
| 10 | + | Joint Resolution 4 (requiring a judge or magistrate to impose the | |
| 11 | + | least restrictive conditions of bail that may be necessary and | |
| 12 | + | authorizing the denial of bail under some circumstances to a person | |
| 13 | + | accused of a violent or sexual offense or of continuous trafficking | |
| 14 | + | of persons) to consider and take action on the following matter: | |
| 15 | 15 | Senate Rules 12.03(1) and (4) are suspended to permit the | |
| 16 | 16 | committee to change, alter, or amend text which is not in | |
| 17 | 17 | disagreement and to add text on a matter which is not included in | |
| 18 | 18 | either the house or senate version of the joint resolution in | |
| 19 | 19 | proposed SECTION 2 of the joint resolution, by amending proposed | |
| 20 | - | Sections 11d(a) and (c), Article I, Texas Constitution, to read | |
| 21 | - | ||
| 20 | + | Sections 11d(a) and (c), Article I, Texas Constitution, to read as | |
| 21 | + | follows: | |
| 22 | 22 | (a) A person accused of committing a sexual offense | |
| 23 | - | punishable as a felony of the first degree, of committing a | |
| 24 | - | violent offense, or of committing continuous trafficking of | |
| 25 | - | persons may be denied bail pending trial if a judge or magistrate | |
| 26 | - | determines by clear and convincing evidence after a hearing that | |
| 27 | - | requiring bail and conditions of release is insufficient to | |
| 28 | - | reasonably ensure: | |
| 23 | + | punishable as a felony of the first degree, of committing a violent | |
| 24 | + | offense, or of committing continuous trafficking of persons may be | |
| 25 | + | denied bail pending trial if a judge or magistrate determines by | |
| 26 | + | clear and convincing evidence after a hearing that requiring bail | |
| 27 | + | and conditions of release is insufficient to reasonably ensure: | |
| 29 | 28 | (1) the person's appearance in court as required; or | |
| 30 | 29 | (2) the safety of the community, law enforcement, or | |
| 31 | 30 | the victim of the alleged offense. | |
| 32 | 31 | (c) This section may not be construed to: | |
| 33 | 32 | (1) limit any right a person has under other law to | |
| 34 | 33 | contest a denial of bail or to contest the amount of bail set by a | |
| 35 | 34 | judge or magistrate; or | |
| 36 | - | (2) require any testimonial evidence before a judge | |
| 37 | - | ||
| 38 | - | ||
| 35 | + | (2) require any testimonial evidence before a judge or | |
| 36 | + | magistrate makes a bail decision with respect to a person to whom | |
| 37 | + | this section applies. | |
| 39 | 38 | Explanation: This change is necessary to clarify which | |
| 40 | 39 | persons may be denied bail pending trial and the procedural | |
| 41 | - | requirements imposed on a judge or magistrate before making | |
| 42 | - | certain bail decisions. | |
| 43 | - | _______________________________ | |
| 44 | - | President of the Senate | |
| 45 | - | I hereby certify that the | |
| 46 | - | above Resolution was adopted by | |
| 47 | - | the Senate on May 30, 2021, by | |
| 48 | - | the following vote: Yeas 23, | |
| 49 | - | Nays 8. | |
| 50 | - | _______________________________ | |
| 51 | - | Secretary of the Senate | |
| 40 | + | requirements imposed on a judge or magistrate before making certain | |
| 41 | + | bail decisions. |