89R2611 CJD-D
By: Parker S.J.R. No. 45
A JOINT RESOLUTION
proposing a constitutional amendment authorizing the legislature
to enact laws providing for the denial of bail to a person accused
of committing a trafficking or sexual offense against a child while
released on bail for committing a similar offense.
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) The legislature by general law may provide
for the denial of bail to any person who is accused of committing a
trafficking or sexual offense against a child, who is released on
bail pending trial and while on bail commits another trafficking or
sexual offense against a child, if a judge or magistrate, following
a hearing, determines by a preponderance of the evidence that the
person committed the offense while on bail.
(b) In this section, "sexual offense" means:
(1) aggravated kidnapping committed with the intent to
violate or abuse the child sexually;
(2) indecency with a child;
(3) sexual assault;
(4) aggravated sexual assault;
(5) burglary committed with the intent to commit an
offense described by Subdivision (1), (2), (3), or (4) of this
subsection;
(6) sexual performance by a child;
(7) compelling prostitution; or
(8) continuous sexual abuse of a young child.
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
legislature to enact laws providing for the denial of bail to a
person accused of committing a trafficking or sexual offense
against a child while released on bail for committing a similar
offense."