By: Huffman S.R. No. 550
SENATE RESOLUTION
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 30, 2021, by
the following vote: Yeas 23,
Nays 8.
_______________________________
Secretary of the Senate