TX
Texas Senate Bill SJR44

Texas 2023 - 88th Regular

Texas Senate Bill SJR44 Compare Versions

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1-88R30092 MCF-D
21 By: Huffman, et al. S.J.R. No. 44
3- (Smith)
4- Substitute the following for S.J.R. No. 44: No.
2+ SENATE JOINT RESOLUTION
53
64
7- A JOINT RESOLUTION
85 proposing a constitutional amendment authorizing the denial of bail
9- under some circumstances to a person accused of certain violent or
10- sexual offenses or of continuous trafficking of persons and
11- requiring a judge or magistrate to impose the least restrictive
12- conditions of bail that may be necessary to ensure the person's
13- appearance in court as required and the safety of the community, law
14- enforcement, and the victim of the alleged offense.
6+ under some circumstances to a person accused of a violent or sexual
7+ offense or of continuous trafficking of persons and requiring a
8+ judge or magistrate to impose the least restrictive conditions of
9+ bail that may be necessary to ensure the person's appearance in
10+ court as required and the safety of the community, law enforcement,
11+ and the victim of the alleged offense.
1512 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1613 SECTION 1. Section 11, Article I, Texas Constitution, is
1714 amended to read as follows:
1815 Sec. 11. (a) All prisoners shall be bailable by sufficient
1916 sureties, unless for capital offenses [offences], when the proof is
2017 evident; but this provision shall not be so construed as to prevent
2118 bail after indictment found upon examination of the evidence, in
2219 such manner as may be prescribed by law.
2320 (b) In setting bail, a judge or magistrate shall impose the
2421 least restrictive conditions, if any, that are necessary to
2522 reasonably ensure the accused person's appearance in court as
2623 required and the safety of the community, law enforcement, and the
2724 victim of the alleged offense.
2825 SECTION 2. Article I, Texas Constitution, is amended by
2926 adding Section 11d to read as follows:
30- Sec. 11d. (a) A person accused of committing a major
31- offense may be denied bail pending trial if a judge or magistrate
32- determines by clear and convincing evidence after a hearing that
33- bail and conditions of release are insufficient to reasonably
34- manage a specific risk:
35- (1) of the person's wilful nonappearance in court in
36- violation of a requirement; or
37- (2) to the safety of the community, law enforcement,
38- or the victim of the alleged offense.
39- (b) A judge or magistrate may not deny a person bail under
40- this section except after a hearing held not later than 72 hours
41- after the person's arrest. The judge or magistrate shall appoint
42- counsel to represent the person at the hearing if counsel does not
43- enter an appearance to represent the person before the hearing. A
44- hearing is not required under this subsection to release a person on
45- bail.
46- (c) A judge or magistrate who denies a person bail in
27+ Sec. 11d. (a) A person accused of committing a sexual
28+ offense punishable as a felony of the first degree, of committing a
29+ violent offense, or of committing continuous trafficking of persons
30+ may be denied bail pending trial if a judge or magistrate determines
31+ by clear and convincing evidence after a hearing that requiring
32+ bail and conditions of release is insufficient to reasonably
33+ ensure:
34+ (1) the person's appearance in court as required; or
35+ (2) the safety of the community, law enforcement, or
36+ the victim of the alleged offense.
37+ (b) A judge or magistrate who denies a person bail in
4738 accordance with this section shall prepare a written order that
4839 includes findings of fact and a statement explaining the judge's or
4940 magistrate's reason for the denial.
50- (d) This section may not be construed to:
41+ (c) This section may not be construed to:
5142 (1) limit any right a person has under other law to
5243 contest a denial of bail or to contest the amount of bail set by a
5344 judge or magistrate; or
54- (2) require the presentation of testimonial evidence
55- before a judge or magistrate makes a bail decision with respect to a
56- person to whom this section applies.
57- (e) For purposes of determining whether clear and
45+ (2) require any testimonial evidence before a judge or
46+ magistrate makes a bail decision with respect to a person to whom
47+ this section applies.
48+ (d) For purposes of determining whether clear and
5849 convincing evidence exists to deny a person bail as described by
5950 this section, a judge or magistrate shall consider the factors
6051 required to be considered by a judge or magistrate in setting bail
6152 under general law, including statutory law governing criminal
62- procedure, and apply those factors to the particularized facts and
63- circumstances of the offense and any criminal episode during which
64- the offense occurred.
65- (f) In this section, "major offense" means:
66- (1) murder, if the person intentionally or knowingly
67- caused the death of an individual;
68- (2) aggravated assault, if the person:
69- (A) used or exhibited a deadly weapon during the
70- commission of the assault; and
71- (B) assaults an individual the person knows is a
72- public servant:
73- (i) while the public servant is:
74- (a) lawfully discharging an official
75- duty; or
76- (b) wearing a distinctive uniform or
77- badge indicating the person's employment as a public servant; or
78- (ii) in retaliation for or on account of an
79- exercise of official power or performance of an official duty as a
80- public servant;
81- (3) aggravated sexual assault, if the person used or
82- exhibited a deadly weapon during the commission of the assault;
83- (4) aggravated robbery, if the person used or
84- exhibited a deadly weapon during the commission of the robbery; or
85- (5) continuous trafficking of persons.
53+ procedure.
54+ (e) In this section, "violent offense" and "sexual offense"
55+ have the meanings assigned by Section 11a of this article.
8656 SECTION 3. This proposed constitutional amendment shall be
8757 submitted to the voters at an election to be held November 7, 2023.
8858 The ballot shall be printed to permit voting for or against the
8959 proposition: "The constitutional amendment authorizing the denial
90- of bail under some circumstances to a person accused of certain
91- violent or sexual offenses or of continuous trafficking of persons
92- and requiring a judge or magistrate to impose the least restrictive
60+ of bail under some circumstances to a person accused of a violent or
61+ sexual offense or of continuous trafficking of persons and
62+ requiring a judge or magistrate to impose the least restrictive
9363 conditions of bail that may be necessary to ensure the person's
9464 appearance in court as required and the safety of the community, law
9565 enforcement, and the victim of the alleged offense."