88R7497 CJD-D
By: Stucky, Cook, Thimesch H.J.R. No. 99
A JOINT RESOLUTION
proposing a constitutional amendment requiring the denial of bail
to certain persons arrested for an offense resulting in the death of
or serious bodily injury to a person younger than 18 years of age.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 11d to read as follows:
Sec. 11d. (a) A person taken into custody for an offense
resulting in the death of or serious bodily injury to a person
younger than 18 years of age shall be denied release on bail pending
trial for a period not to exceed 30 days if a judge or magistrate,
following a hearing, determines:
(1) by a preponderance of the evidence that the person
engaged in the conduct constituting the offense; and
(2) by clear and convincing evidence that requiring
bail and conditions of release is insufficient to reasonably
ensure:
(A) the person's appearance in court as required;
or
(B) the safety of the community, law enforcement,
or the victim of the alleged offense.
(b) A person may not be denied bail under this section more
than once with respect to the same offense.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 7, 2023.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment requiring the denial of
bail to certain persons arrested for an offense resulting in the
death of or serious bodily injury to a person younger than 18 years
of age."