Texas 2025 - 89th Regular

Texas House Bill HJR166 Compare Versions

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11 By: Johnson H.J.R. No. 166
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46 A JOINT RESOLUTION
57 proposing a constitutional amendment authorizing the denial of bail
68 to a person accused of certain violent offenses or of continuous
79 trafficking of persons.
810 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. Article I, Texas Constitution, is amended by
1012 adding Section 11d to read as follows:
1113 Sec. 11d. (a) In this section, "violent offense" means:
1214 (1) murder;
1315 (2) aggravated assault, if the victim of the assault
1416 was a peace officer;
1517 (3) aggravated robbery, if the accused used or
1618 exhibited a firearm during the commission of the robbery; or
1719 (4) aggravated sexual assault, if the accused:
1820 (A) causes, attempts to cause, or threatens to
1921 cause serious bodily injury or death to the victim or another person
2022 in the course of the same criminal episode; or
2123 (B) uses or exhibits a deadly weapon in the
2224 course of the same criminal episode.
2325 (b) A person accused of committing a violent offense or of
2426 committing continuous trafficking of persons may be denied bail
2527 pending trial, by a district judge in this state, if the order
2628 denying bail is issued not later than the seventh day after the
2729 date of incarceration of the accused.
2830 (c) If the trial for an offense for which the accused is
2931 denied bail under Subsection (b) does not begin on or before the
3032 60th day after the date of the accused's incarceration, the judge
3133 that issued the order denying bail shall set aside the order unless
3234 the trial delay is due to a continuance obtained on the motion of
3335 the accused.
3436 (d) A person denied bail under Subsection (b) may appeal the
3537 order denying bail to the Court of Criminal Appeals. The Court of
3638 Criminal Appeals shall give preference in its docket to an appeal
3739 filed under this subsection.
3840 SECTION 2. This proposed constitutional amendment shall be
3941 submitted to the voters at an election to be held November 4, 2025.
4042 The ballot shall be printed to permit voting for or against the
4143 proposition: "The constitutional amendment authorizing the denial
4244 of bail to a person accused of certain violent offenses or of
4345 continuous trafficking of persons."