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4 | 6 | | A JOINT RESOLUTION |
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5 | 7 | | proposing a constitutional amendment authorizing the denial of bail |
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6 | 8 | | to a person accused of certain violent offenses or of continuous |
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7 | 9 | | trafficking of persons. |
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8 | 10 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 11 | | SECTION 1. Article I, Texas Constitution, is amended by |
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10 | 12 | | adding Section 11d to read as follows: |
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11 | 13 | | Sec. 11d. (a) In this section, "violent offense" means: |
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12 | 14 | | (1) murder; |
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13 | 15 | | (2) aggravated assault, if the victim of the assault |
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14 | 16 | | was a peace officer; |
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15 | 17 | | (3) aggravated robbery, if the accused used or |
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16 | 18 | | exhibited a firearm during the commission of the robbery; or |
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17 | 19 | | (4) aggravated sexual assault, if the accused: |
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18 | 20 | | (A) causes, attempts to cause, or threatens to |
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19 | 21 | | cause serious bodily injury or death to the victim or another person |
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20 | 22 | | in the course of the same criminal episode; or |
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21 | 23 | | (B) uses or exhibits a deadly weapon in the |
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22 | 24 | | course of the same criminal episode. |
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23 | 25 | | (b) A person accused of committing a violent offense or of |
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24 | 26 | | committing continuous trafficking of persons may be denied bail |
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25 | 27 | | pending trial, by a district judge in this state, if the order |
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26 | 28 | | denying bail is issued not later than the seventh day after the |
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27 | 29 | | date of incarceration of the accused. |
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28 | 30 | | (c) If the trial for an offense for which the accused is |
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29 | 31 | | denied bail under Subsection (b) does not begin on or before the |
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30 | 32 | | 60th day after the date of the accused's incarceration, the judge |
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31 | 33 | | that issued the order denying bail shall set aside the order unless |
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32 | 34 | | the trial delay is due to a continuance obtained on the motion of |
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33 | 35 | | the accused. |
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34 | 36 | | (d) A person denied bail under Subsection (b) may appeal the |
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35 | 37 | | order denying bail to the Court of Criminal Appeals. The Court of |
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36 | 38 | | Criminal Appeals shall give preference in its docket to an appeal |
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37 | 39 | | filed under this subsection. |
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38 | 40 | | SECTION 2. This proposed constitutional amendment shall be |
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39 | 41 | | submitted to the voters at an election to be held November 4, 2025. |
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40 | 42 | | The ballot shall be printed to permit voting for or against the |
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41 | 43 | | proposition: "The constitutional amendment authorizing the denial |
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42 | 44 | | of bail to a person accused of certain violent offenses or of |
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43 | 45 | | continuous trafficking of persons." |
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