| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | proposing a constitutional amendment requiring a judge or |
|---|
| 6 | 6 | | magistrate to impose the least restrictive conditions of bail that |
|---|
| 7 | 7 | | may be necessary and authorizing the denial of bail under some |
|---|
| 8 | 8 | | circumstances to a person accused of a violent or sexual offense or |
|---|
| 9 | 9 | | of continuous trafficking of persons. |
|---|
| 10 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 11, Article I, Texas Constitution, is |
|---|
| 12 | 12 | | amended to read as follows: |
|---|
| 13 | 13 | | Sec. 11. (a) All prisoners shall be bailable by sufficient |
|---|
| 14 | 14 | | sureties, unless for capital offenses, when the proof is evident; |
|---|
| 15 | 15 | | but this provision shall not be so construed as to prevent bail |
|---|
| 16 | 16 | | after indictment found upon examination of the evidence, in such |
|---|
| 17 | 17 | | manner as may be prescribed by law. |
|---|
| 18 | 18 | | (b) In setting bail, a judge or magistrate shall impose the |
|---|
| 19 | 19 | | least restrictive conditions, if any, and the monetary bond or |
|---|
| 20 | 20 | | personal bond necessary to reasonably ensure the accused person's |
|---|
| 21 | 21 | | appearance in court as required and the safety of the community, law |
|---|
| 22 | 22 | | enforcement, and the victim of the alleged offense. |
|---|
| 23 | 23 | | SECTION 2. Article I, Texas Constitution, is amended by |
|---|
| 24 | 24 | | adding Section 11d to read as follows: |
|---|
| 25 | 25 | | Sec. 11d. (a) A person accused of committing a sexual |
|---|
| 26 | 26 | | offense punishable as a felony of the first degree, of committing a |
|---|
| 27 | 27 | | violent offense, or of committing continuous trafficking of persons |
|---|
| 28 | 28 | | may be denied bail pending trial if a judge or magistrate determines |
|---|
| 29 | 29 | | by clear and convincing evidence after a hearing that requiring |
|---|
| 30 | 30 | | bail and conditions of release is insufficient to reasonably |
|---|
| 31 | 31 | | ensure: |
|---|
| 32 | 32 | | (1) the person's appearance in court as required; or |
|---|
| 33 | 33 | | (2) the safety of the community, law enforcement, or |
|---|
| 34 | 34 | | the victim of the alleged offense. |
|---|
| 35 | 35 | | (b) A judge or magistrate who denies a person bail in |
|---|
| 36 | 36 | | accordance with this section shall prepare a written order that |
|---|
| 37 | 37 | | includes findings of fact and a statement explaining the judge's or |
|---|
| 38 | 38 | | magistrate's reason for the denial. |
|---|
| 39 | 39 | | (c) This section may not be construed to: |
|---|
| 40 | 40 | | (1) limit any right a person has under other law to |
|---|
| 41 | 41 | | contest a denial of bail or to contest the amount of bail set by a |
|---|
| 42 | 42 | | judge or magistrate; or |
|---|
| 43 | 43 | | (2) require any testimonial evidence before a judge or |
|---|
| 44 | 44 | | magistrate makes a bail decision with respect to a person to whom |
|---|
| 45 | 45 | | this section applies. |
|---|
| 46 | 46 | | (d) For purposes of determining whether clear and |
|---|
| 47 | 47 | | convincing evidence exists to deny a person bail as described by |
|---|
| 48 | 48 | | this section, a judge or magistrate shall consider the factors |
|---|
| 49 | 49 | | required to be considered by a judge or magistrate in setting bail |
|---|
| 50 | 50 | | under general law, including statutory law governing criminal |
|---|
| 51 | 51 | | procedure. |
|---|
| 52 | 52 | | (e) In this section, "violent offense" and "sexual offense" |
|---|
| 53 | 53 | | have the meanings assigned by Section 11a of this article. |
|---|
| 54 | 54 | | SECTION 3. This proposed constitutional amendment shall be |
|---|
| 55 | 55 | | submitted to the voters at an election to be held May 7, 2022. The |
|---|
| 56 | 56 | | ballot shall be printed to permit voting for or against the |
|---|
| 57 | 57 | | proposition: "The constitutional amendment requiring a judge or |
|---|
| 58 | 58 | | magistrate to impose the least restrictive conditions of bail that |
|---|
| 59 | 59 | | may be necessary and authorizing the denial of bail under some |
|---|
| 60 | 60 | | circumstances to a person accused of a violent or sexual offense or |
|---|
| 61 | 61 | | of continuous trafficking of persons." |
|---|