88R30092 MCF-D
By: Huffman, et al. S.J.R. No. 44
(Smith)
Substitute the following for S.J.R. No. 44: No.
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail
under some circumstances to a person accused of certain violent or
sexual offenses or of continuous trafficking of persons and
requiring a judge or magistrate to impose the least restrictive
conditions of bail that may be necessary to ensure the person's
appearance in court as required and the safety of the community, law
enforcement, and the victim of the alleged offense.
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 [offences], 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, that are 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 major
offense may be denied bail pending trial if a judge or magistrate
determines by clear and convincing evidence after a hearing that
bail and conditions of release are insufficient to reasonably
manage a specific risk:
(1) of the person's wilful nonappearance in court in
violation of a requirement; or
(2) to the safety of the community, law enforcement,
or the victim of the alleged offense.
(b) A judge or magistrate may not deny a person bail under
this section except after a hearing held not later than 72 hours
after the person's arrest. The judge or magistrate shall appoint
counsel to represent the person at the hearing if counsel does not
enter an appearance to represent the person before the hearing. A
hearing is not required under this subsection to release a person on
bail.
(c) 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.
(d) 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 the presentation of testimonial evidence
before a judge or magistrate makes a bail decision with respect to a
person to whom this section applies.
(e) 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, and apply those factors to the particularized facts and
circumstances of the offense and any criminal episode during which
the offense occurred.
(f) In this section, "major offense" means:
(1) murder, if the person intentionally or knowingly
caused the death of an individual;
(2) aggravated assault, if the person:
(A) used or exhibited a deadly weapon during the
commission of the assault; and
(B) assaults an individual the person knows is a
public servant:
(i) while the public servant is:
(a) lawfully discharging an official
duty; or
(b) wearing a distinctive uniform or
badge indicating the person's employment as a public servant; or
(ii) in retaliation for or on account of an
exercise of official power or performance of an official duty as a
public servant;
(3) aggravated sexual assault, if the person used or
exhibited a deadly weapon during the commission of the assault;
(4) aggravated robbery, if the person used or
exhibited a deadly weapon during the commission of the robbery; or
(5) continuous trafficking of persons.
SECTION 3. 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 permit voting for or against the
proposition: "The constitutional amendment authorizing the denial
of bail under some circumstances to a person accused of certain
violent or sexual offenses or of continuous trafficking of persons
and requiring a judge or magistrate to impose the least restrictive
conditions of bail that may be necessary to ensure the person's
appearance in court as required and the safety of the community, law
enforcement, and the victim of the alleged offense."