| 1 | 1 | | 87S30134 MEW-F |
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| 2 | 2 | | By: Reynolds H.J.R. No. 10 |
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| 4 | 4 | | |
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| 5 | 5 | | A JOINT RESOLUTION |
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| 6 | 6 | | proposing a constitutional amendment authorizing the denial of bail |
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| 7 | 7 | | to an accused person if a judge or magistrate determines by clear |
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| 8 | 8 | | and convincing evidence that requiring bail and conditions of |
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| 9 | 9 | | release is insufficient to reasonably ensure the person's |
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| 10 | 10 | | appearance in court or the safety of the community or of any person, |
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| 11 | 11 | | including the victim of the alleged offense. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 14 | 14 | | adding Section 11d to read as follows: |
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| 15 | 15 | | Sec. 11d. A person may be denied bail pending trial if a |
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| 16 | 16 | | judge or magistrate determines by clear and convincing evidence |
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| 17 | 17 | | that requiring bail and conditions of release is insufficient to |
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| 18 | 18 | | reasonably ensure: |
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| 19 | 19 | | (1) the person's appearance in court as required; or |
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| 20 | 20 | | (2) the safety of the community or of any person, |
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| 21 | 21 | | including the victim of the alleged offense. |
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| 22 | 22 | | SECTION 2. This proposed constitutional amendment shall be |
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| 23 | 23 | | submitted to the voters at an election to be held May 7, 2022. The |
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| 24 | 24 | | ballot shall be printed to permit voting for or against the |
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| 25 | 25 | | proposition: "The constitutional amendment authorizing the denial |
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| 26 | 26 | | of bail to an accused person if a judge or magistrate determines by |
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| 27 | 27 | | clear and convincing evidence that requiring bail and conditions of |
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| 28 | 28 | | release is insufficient to reasonably ensure the person's |
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| 29 | 29 | | appearance in court or the safety of the community or of any person, |
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| 30 | 30 | | including the victim of the alleged offense." |
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