Texas 2025 - 89th Regular

Texas House Bill HJR84 Compare Versions

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

Old	New	Differences
1	1	89R1221 CS-D
2	2	By: Cunningham H.J.R. No. 84
3	3
4	4
5	5
6	6
7	7	A JOINT RESOLUTION
8	8	proposing a constitutional amendment authorizing the legislature
9	9	to set a minimum amount of monetary bond for persons charged with
10	10	certain felony offenses involving violence and requiring the denial
11	11	of bail to a person accused of committing a felony while released on
12	12	bail for a prior felony under most circumstances.
13	13	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 11, Article I, Texas Constitution, is
15	15	amended to read as follows:
16	16	Sec. 11. (a) All prisoners shall be bailable by sufficient
17	17	sureties, unless for capital offenses [offences], when the proof is
18	18	evident; but this provision shall not be so construed as to prevent
19	19	bail after indictment found upon examination of the evidence, in
20	20	such manner as may be prescribed by law.
21	21	(b) The legislature by general law may set a minimum amount
22	22	of monetary bail that must be imposed in a case in which a person is
23	23	accused of committing an offense involving violence, as defined by
24	24	the legislature, that is punishable as a felony of the second degree
25	25	or any higher category of offense.
26	26	SECTION 2. Section 11a(a), Article I, Texas Constitution,
27	27	is amended to read as follows:
28	28	(a) Any person (1) accused of a felony less than capital in
29	29	this State, who has been theretofore twice convicted of a felony,
30	30	the second conviction being subsequent to the first, both in point
31	31	of time of commission of the offense and conviction therefor, (2)
32	32	[accused of a felony less than capital in this State, committed
33	33	while on bail for a prior felony for which he has been indicted,
34	34	(3)] accused of a felony less than capital in this State involving
35	35	the use of a deadly weapon after being convicted of a prior felony,
36	36	or (3) [(4)] accused of a violent or sexual offense committed while
37	37	under the supervision of a criminal justice agency of the State or a
38	38	political subdivision of the State for a prior felony, after a
39	39	hearing, and upon evidence substantially showing the guilt of the
40	40	accused of the offense in (1) or (2) [(3)] above[, of the offense
41	41	committed while on bail in (2) above,] or of the offense in (3)
42	42	[(4)] above committed while under the supervision of a criminal
43	43	justice agency of the State or a political subdivision of the State
44	44	for a prior felony, may be denied bail pending trial, by a district
45	45	judge in this State, if the [said] order denying bail pending trial
46	46	is issued within seven calendar days subsequent to the time of
47	47	incarceration of the accused; provided, however, that if the
48	48	accused is not accorded a trial upon the accusation under (1) or (2)
49	49	[(3)] above[, the accusation and indictment used under (2) above,]
50	50	or the accusation or indictment used under (3) [(4)] above within
51	51	sixty (60) days from the time of [his] incarceration upon the
52	52	accusation, the order denying bail shall be automatically set
53	53	aside, unless a continuance is obtained upon the motion or request
54	54	of the accused. The [; provided, further, that the] right of appeal
55	55	to the Court of Criminal Appeals of this State is expressly accorded
56	56	the accused for a review of any judgment or order made under this
57	57	subsection [hereunder], and that [said] appeal shall be given
58	58	preference by the Court of Criminal Appeals.
59	59	SECTION 3. Article I, Texas Constitution, is amended by
60	60	adding Section 11d to read as follows:
61	61	Sec. 11d. (a) A person accused of committing a felony while
62	62	on bail for a prior felony for which the person has been charged
63	63	shall be denied bail pending trial unless a judge or magistrate
64	64	determines by clear and convincing evidence that, based on the
65	65	existence of extraordinary circumstances, the judge or magistrate
66	66	is able to set bail and conditions of release sufficient to
67	67	reasonably ensure:
68	68	(1) the person's appearance in court as required; and
69	69	(2) the safety of the community, law enforcement, and
70	70	the victim of the alleged offense.
71	71	(b) A judge or magistrate who denies or sets bail in
72	72	accordance with this section shall prepare a written order that
73	73	includes findings of fact and a statement explaining the judge or
74	74	magistrate's reason for the decision.
75	75	(c) This section may not be construed to:
76	76	(1) limit any right a person has under other law to
77	77	contest a denial of bail or to contest the amount of bail set by a
78	78	judge or magistrate; or
79	79	(2) require any hearing or procedure, not otherwise
80	80	required by this section or by general law, before a judge or
81	81	magistrate makes a bail decision with respect to a person to whom
82	82	this section applies.
83	83	SECTION 4. This proposed constitutional amendment shall be
84	84	submitted to the voters at an election to be held November 4, 2025.
85	85	The ballot shall be printed to permit voting for or against the
86	86	proposition: "The constitutional amendment authorizing the
87	87	legislature to set a minimum amount of monetary bond for persons
88	88	charged with certain felony offenses involving violence and
89	89	requiring the denial of bail to a person accused of committing a
90	90	felony while released on bail for a prior felony under most
91	91	circumstances."