Texas 2023 - 88th Regular

Texas House Bill HJR181 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R9216 MCF-D
2	2	By: Smith H.J.R. No. 181
3	3
4	4
5	5	A JOINT RESOLUTION
6	6	proposing a constitutional amendment authorizing the denial of bail
7	7	under some circumstances to a person accused of a violent or sexual
8	8	offense or of continuous trafficking of persons and requiring a
9	9	judge or magistrate to impose the least restrictive conditions of
10	10	bail that may be necessary to ensure the person's appearance in
11	11	court as required and the safety of the community, law enforcement,
12	12	and the victim of the alleged offense.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 11, Article I, Texas Constitution, is
15	15	amended to read as follows:
16	16	Sec. 11. (a) All prisoners shall be bailable by sufficient
17	17	sureties, unless for capital offenses [offences], when the proof is
18	18	evident; but this provision shall not be so construed as to prevent
19	19	bail after indictment found upon examination of the evidence, in
20	20	such manner as may be prescribed by law.
21	21	(b) In setting bail, a judge or magistrate shall impose the
22	22	least restrictive conditions, if any, that are necessary to
23	23	reasonably ensure the accused person's appearance in court as
24	24	required and the safety of the community, law enforcement, and the
25	25	victim of the alleged offense.
26	26	SECTION 2. Article I, Texas Constitution, is amended by
27	27	adding Section 11d to read as follows:
28	28	Sec. 11d. (a) A person accused of committing a sexual
29	29	offense punishable as a felony of the first degree, of committing a
30	30	violent offense, or of committing continuous trafficking of persons
31	31	may be denied bail pending trial if a judge or magistrate determines
32	32	by clear and convincing evidence after a hearing that requiring
33	33	bail and conditions of release is insufficient to reasonably
34	34	ensure:
35	35	(1) the person's appearance in court as required; or
36	36	(2) the safety of the community, law enforcement, or
37	37	the victim of the alleged offense.
38	38	(b) A judge or magistrate who denies a person bail in
39	39	accordance with this section shall prepare a written order that
40	40	includes findings of fact and a statement explaining the judge's or
41	41	magistrate's reason for the denial.
42	42	(c) This section may not be construed to:
43	43	(1) limit any right a person has under other law to
44	44	contest a denial of bail or to contest the amount of bail set by a
45	45	judge or magistrate; or
46	46	(2) require any testimonial evidence before a judge or
47	47	magistrate makes a bail decision with respect to a person to whom
48	48	this section applies.
49	49	(d) For purposes of determining whether clear and
50	50	convincing evidence exists to deny a person bail as described by
51	51	this section, a judge or magistrate shall consider the factors
52	52	required to be considered by a judge or magistrate in setting bail
53	53	under general law, including statutory law governing criminal
54	54	procedure.
55	55	(e) In this section, "violent offense" and "sexual offense"
56	56	have the meanings assigned by Section 11a of this article.
57	57	SECTION 3. This proposed constitutional amendment shall be
58	58	submitted to the voters at an election to be held November 7, 2023.
59	59	The ballot shall be printed to permit voting for or against the
60	60	proposition: "The constitutional amendment authorizing the denial
61	61	of bail under some circumstances to a person accused of a violent or
62	62	sexual offense or of continuous trafficking of persons and
63	63	requiring a judge or magistrate to impose the least restrictive
64	64	conditions of bail that may be necessary to ensure the person's
65	65	appearance in court as required and the safety of the community, law
66	66	enforcement, and the victim of the alleged offense."