By: Huffman, et al. S.J.R. No. 1
SENATE JOINT RESOLUTION
proposing a constitutional amendment 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.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article I, Texas Constitution, is
amended to read as follows:
Sec. 11. (a) All prisoners shall be bailable by sufficient
sureties, unless for capital offenses, when the proof is evident;
but this provision shall not be so construed as to prevent bail
after indictment found upon examination of the evidence, in such
manner as may be prescribed by law.
(b) In setting bail, a judge or magistrate shall impose the
least restrictive conditions, if any, and the monetary bond or
personal bond necessary to reasonably ensure the accused person's
appearance in court as required and the safety of the community, law
enforcement, and the victim of the alleged offense.
SECTION 2. Article I, Texas Constitution, is amended by
adding Section 11d to read as follows:
Sec. 11d. (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.
(b) A judge or magistrate who denies a person bail in
accordance with this section shall prepare a written order that
includes findings of fact and a statement explaining the judge's or
magistrate's reason for the denial.
(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.
(d) For purposes of determining whether clear and
convincing evidence exists to deny a person bail as described by
this section, a judge or magistrate shall consider the factors
required to be considered by a judge or magistrate in setting bail
under general law, including statutory law governing criminal
procedure.
(e) In this section, "violent offense" and "sexual offense"
have the meanings assigned by Section 11a of this article.
SECTION 3. This proposed constitutional amendment shall be
submitted to the voters at an election to be held May 7, 2022. The
ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment 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."