Texas 2025 - 89th Regular

Texas House Bill HJR115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3879 CJD-D
2	2	By: Cook H.J.R. No. 115
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7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment authorizing the denial of bail
9	9	under some circumstances to a person accused of a violent or sexual
10	10	offense or of continuous trafficking of persons and requiring a
11	11	judge or magistrate to impose the least restrictive conditions of
12	12	bail that may be necessary to ensure the person's appearance in
13	13	court as required and the safety of the community, law enforcement,
14	14	and the victim of the alleged offense.
15	15	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Section 11, Article I, Texas Constitution, is
17	17	amended to read as follows:
18	18	Sec. 11. (a) All prisoners shall be bailable by sufficient
19	19	sureties, unless for capital offenses [offences], when the proof is
20	20	evident; but this provision shall not be so construed as to prevent
21	21	bail after indictment found upon examination of the evidence, in
22	22	such manner as may be prescribed by law.
23	23	(b) In setting bail, a judge or magistrate shall impose the
24	24	least restrictive conditions, if any, that are necessary to
25	25	reasonably ensure the accused person's appearance in court as
26	26	required and the safety of the community, law enforcement, and the
27	27	victim of the alleged offense.
28	28	SECTION 2. Article I, Texas Constitution, is amended by
29	29	adding Section 11d to read as follows:
30	30	Sec. 11d. (a) A person accused of committing a sexual
31	31	offense punishable as a felony of the first degree, of committing a
32	32	violent offense, or of committing continuous trafficking of persons
33	33	may be denied bail pending trial if a judge or magistrate determines
34	34	by clear and convincing evidence after a hearing that requiring
35	35	bail and conditions of release is insufficient to reasonably
36	36	ensure:
37	37	(1) the person's appearance in court as required; or
38	38	(2) the safety of the community, law enforcement, or
39	39	the victim of the alleged offense.
40	40	(b) A judge or magistrate who denies a person bail in
41	41	accordance with this section shall prepare a written order that
42	42	includes findings of fact and a statement explaining the judge's or
43	43	magistrate's reason for the denial.
44	44	(c) This section may not be construed to:
45	45	(1) limit any right a person has under other law to
46	46	contest a denial of bail or to contest the amount of bail set by a
47	47	judge or magistrate; or
48	48	(2) require any testimonial evidence before a judge or
49	49	magistrate makes a bail decision with respect to a person to whom
50	50	this section applies.
51	51	(d) For purposes of determining whether clear and
52	52	convincing evidence exists to deny a person bail as described by
53	53	this section, a judge or magistrate shall consider the factors
54	54	required to be considered by a judge or magistrate in setting bail
55	55	under general law, including statutory law governing criminal
56	56	procedure.
57	57	(e) In this section, "violent offense" and "sexual offense"
58	58	have the meanings assigned by Section 11a of this article.
59	59	SECTION 3. This proposed constitutional amendment shall be
60	60	submitted to the voters at an election to be held November 4, 2025.
61	61	The ballot shall be printed to permit voting for or against the
62	62	proposition: "The constitutional amendment authorizing the denial
63	63	of bail under some circumstances to a person accused of a violent or
64	64	sexual offense or of continuous trafficking of persons and
65	65	requiring a judge or magistrate to impose the least restrictive
66	66	conditions of bail that may be necessary to ensure the person's
67	67	appearance in court as required and the safety of the community, law
68	68	enforcement, and the victim of the alleged offense."