| 5 | 10 | | proposing a constitutional amendment requiring a judge or |
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| 6 | 11 | | magistrate to impose the least restrictive conditions of bail that |
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| 7 | 12 | | may be necessary and authorizing the denial of bail under some |
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| 8 | 13 | | circumstances to a person accused of a violent or sexual offense or |
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| 9 | 14 | | of continuous trafficking of persons. |
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| 10 | 15 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 16 | | SECTION 1. Section 11, Article I, Texas Constitution, is |
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| 12 | 17 | | amended to read as follows: |
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| 13 | 18 | | Sec. 11. (a) All prisoners shall be bailable by sufficient |
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| 14 | 19 | | sureties, unless for capital offenses, when the proof is evident; |
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| 15 | 20 | | but this provision shall not be so construed as to prevent bail |
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| 16 | 21 | | after indictment found upon examination of the evidence, in such |
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| 17 | 22 | | manner as may be prescribed by law. |
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| 18 | 23 | | (b) In setting bail, a judge or magistrate shall impose the |
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| 19 | 24 | | least restrictive conditions, if any, and the monetary bond or |
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| 20 | 25 | | personal bond necessary to reasonably ensure the accused person's |
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| 21 | 26 | | appearance in court as required and the safety of the community, law |
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| 22 | 27 | | enforcement, and the victim of the alleged offense. |
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| 23 | 28 | | SECTION 2. Article I, Texas Constitution, is amended by |
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| 24 | 29 | | adding Section 11d to read as follows: |
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| 25 | 30 | | Sec. 11d. (a) A person accused of committing a sexual |
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| 26 | 31 | | offense punishable as a felony of the first degree, of committing a |
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| 27 | 32 | | violent offense, or of committing continuous trafficking of persons |
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| 28 | 33 | | may be denied bail pending trial if a judge or magistrate determines |
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| 29 | 34 | | by clear and convincing evidence after a hearing that requiring |
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| 30 | 35 | | bail and conditions of release is insufficient to reasonably |
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| 31 | 36 | | ensure: |
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| 32 | 37 | | (1) the person's appearance in court as required; or |
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| 33 | 38 | | (2) the safety of the community, law enforcement, or |
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| 34 | 39 | | the victim of the alleged offense. |
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| 35 | 40 | | (b) A judge or magistrate who denies a person bail in |
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| 36 | 41 | | accordance with this section shall prepare a written order that |
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| 37 | 42 | | includes findings of fact and a statement explaining the judge's or |
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| 38 | 43 | | magistrate's reason for the denial. |
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| 39 | 44 | | (c) This section may not be construed to: |
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| 40 | 45 | | (1) limit any right a person has under other law to |
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| 41 | 46 | | contest a denial of bail or to contest the amount of bail set by a |
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| 42 | 47 | | judge or magistrate; or |
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| 43 | 48 | | (2) require any testimonial evidence before a judge or |
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| 44 | 49 | | magistrate makes a bail decision with respect to a person to whom |
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| 45 | 50 | | this section applies. |
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| 46 | 51 | | (d) For purposes of determining whether clear and |
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| 47 | 52 | | convincing evidence exists to deny a person bail as described by |
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| 48 | 53 | | this section, a judge or magistrate shall consider the factors |
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| 49 | 54 | | required to be considered by a judge or magistrate in setting bail |
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| 50 | 55 | | under general law, including statutory law governing criminal |
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| 51 | 56 | | procedure. |
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| 52 | 57 | | (e) In this section, "violent offense" and "sexual offense" |
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| 53 | 58 | | have the meanings assigned by Section 11a of this article. |
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| 54 | 59 | | SECTION 3. This proposed constitutional amendment shall be |
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| 55 | 60 | | submitted to the voters at an election to be held November 2, 2021. |
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| 56 | 61 | | The ballot shall be printed to permit voting for or against the |
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| 57 | 62 | | proposition: "The constitutional amendment requiring a judge or |
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| 58 | 63 | | magistrate to impose the least restrictive conditions of bail that |
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| 59 | 64 | | may be necessary and authorizing the denial of bail under some |
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| 60 | 65 | | circumstances to a person accused of a violent or sexual offense or |
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| 61 | 66 | | of continuous trafficking of persons." |
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