89R1221 CS-D
By: Cunningham H.J.R. No. 84
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to set a minimum amount of monetary bond for persons charged with
certain felony offenses involving violence and requiring the denial
of bail to a person accused of committing a felony while released on
bail for a prior felony under most circumstances.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11, Article I, Texas Constitution, is
amended to read as follows:
Sec. 11. (a) All prisoners shall be bailable by sufficient
sureties, unless for capital offenses [offences], when the proof is
evident; but this provision shall not be so construed as to prevent
bail after indictment found upon examination of the evidence, in
such manner as may be prescribed by law.
(b) The legislature by general law may set a minimum amount
of monetary bail that must be imposed in a case in which a person is
accused of committing an offense involving violence, as defined by
the legislature, that is punishable as a felony of the second degree
or any higher category of offense.
SECTION 2. Section 11a(a), Article I, Texas Constitution,
is amended to read as follows:
(a) Any person (1) accused of a felony less than capital in
this State, who has been theretofore twice convicted of a felony,
the second conviction being subsequent to the first, both in point
of time of commission of the offense and conviction therefor, (2)
[accused of a felony less than capital in this State, committed
while on bail for a prior felony for which he has been indicted,
(3)] accused of a felony less than capital in this State involving
the use of a deadly weapon after being convicted of a prior felony,
or (3) [(4)] accused of a violent or sexual offense committed while
under the supervision of a criminal justice agency of the State or a
political subdivision of the State for a prior felony, after a
hearing, and upon evidence substantially showing the guilt of the
accused of the offense in (1) or (2) [(3)] above[, of the offense
committed while on bail in (2) above,] or of the offense in (3)
[(4)] above committed while under the supervision of a criminal
justice agency of the State or a political subdivision of the State
for a prior felony, may be denied bail pending trial, by a district
judge in this State, if the [said] order denying bail pending trial
is issued within seven calendar days subsequent to the time of
incarceration of the accused; provided, however, that if the
accused is not accorded a trial upon the accusation under (1) or (2)
[(3)] above[, the accusation and indictment used under (2) above,]
or the accusation or indictment used under (3) [(4)] above within
sixty (60) days from the time of [his] incarceration upon the
accusation, the order denying bail shall be automatically set
aside, unless a continuance is obtained upon the motion or request
of the accused. The [; provided, further, that the] right of appeal
to the Court of Criminal Appeals of this State is expressly accorded
the accused for a review of any judgment or order made under this
subsection [hereunder], and that [said] appeal shall be given
preference by the Court of Criminal Appeals.
SECTION 3. Article I, Texas Constitution, is amended by
adding Section 11d to read as follows:
Sec. 11d. (a) A person accused of committing a felony while
on bail for a prior felony for which the person has been charged
shall be denied bail pending trial unless a judge or magistrate
determines by clear and convincing evidence that, based on the
existence of extraordinary circumstances, the judge or magistrate
is able to set bail and conditions of release sufficient to
reasonably ensure:
(1) the person's appearance in court as required; and
(2) the safety of the community, law enforcement, and
the victim of the alleged offense.
(b) A judge or magistrate who denies or sets bail in
accordance with this section shall prepare a written order that
includes findings of fact and a statement explaining the judge or
magistrate's reason for the decision.
(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 hearing or procedure, not otherwise
required by this section or by general law, before a judge or
magistrate makes a bail decision with respect to a person to whom
this section applies.
SECTION 4. 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
legislature to set a minimum amount of monetary bond for persons
charged with certain felony offenses involving violence and
requiring the denial of bail to a person accused of committing a
felony while released on bail for a prior felony under most
circumstances."