By: Johnson H.J.R. No. 166
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail
to a person accused of certain violent 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) In this section, "violent offense" means:
(1) murder;
(2) aggravated assault, if the victim of the assault
was a peace officer;
(3) aggravated robbery, if the accused used or
exhibited a firearm during the commission of the robbery; or
(4) aggravated sexual assault, if the accused:
(A) causes, attempts to cause, or threatens to
cause serious bodily injury or death to the victim or another person
in the course of the same criminal episode; or
(B) uses or exhibits a deadly weapon in the
course of the same criminal episode.
(b) A person accused of committing a violent offense or of
committing continuous trafficking of persons may be denied bail
pending trial, by a district judge in this state, if the order
denying bail is issued not later than the seventh day after the
date of incarceration of the accused.
(c) If the trial for an offense for which the accused is
denied bail under Subsection (b) does not begin on or before the
60th day after the date of the accused's incarceration, the judge
that issued the order denying bail shall set aside the order unless
the trial delay is due to a continuance obtained on the motion of
the accused.
(d) A person denied bail under Subsection (b) may appeal the
order denying bail to the Court of Criminal Appeals. The Court of
Criminal Appeals shall give preference in its docket to an appeal
filed under this subsection.
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 to a person accused of certain violent offenses or of
continuous trafficking of persons."