89R5797 CJD-D
By: Smithee H.J.R. No. 15
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail
under limited circumstances to a person accused of certain violent
or sexual offenses or of continuous trafficking of persons.
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 accused of committing a sexual
offense punishable as a felony of the first degree, of committing a
violent offense, or of committing continuous trafficking of persons
may be denied bail pending trial if a judge or magistrate determines
by clear and convincing evidence after a hearing that requiring
bail and conditions of release is insufficient to reasonably
ensure:
(1) the person's appearance in court as required; or
(2) the safety of the community, law enforcement, or
the victim of the alleged offense.
(b) 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.
(c) 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 any testimonial evidence before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
(d) 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.
(e) In this section, "violent offense" and "sexual offense"
have the meanings assigned by Section 11a of this article.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 4, 2025.
The ballot shall be printed to permit voting for or against the
proposition: "The constitutional amendment authorizing the denial
of bail under limited circumstances to a person accused of certain
violent or sexual offenses or of continuous trafficking of
persons."