| 1 | 1 | | 89R2611 CJD-D |
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| 2 | 2 | | By: Parker S.J.R. No. 45 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A JOINT RESOLUTION |
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| 8 | 8 | | proposing a constitutional amendment authorizing the legislature |
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| 9 | 9 | | to enact laws providing for the denial of bail to a person accused |
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| 10 | 10 | | of committing a trafficking or sexual offense against a child while |
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| 11 | 11 | | released on bail for committing a similar offense. |
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| 12 | 12 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 14 | 14 | | adding Section 11d to read as follows: |
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| 15 | 15 | | Sec. 11d. (a) The legislature by general law may provide |
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| 16 | 16 | | for the denial of bail to any person who is accused of committing a |
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| 17 | 17 | | trafficking or sexual offense against a child, who is released on |
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| 18 | 18 | | bail pending trial and while on bail commits another trafficking or |
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| 19 | 19 | | sexual offense against a child, if a judge or magistrate, following |
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| 20 | 20 | | a hearing, determines by a preponderance of the evidence that the |
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| 21 | 21 | | person committed the offense while on bail. |
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| 22 | 22 | | (b) In this section, "sexual offense" means: |
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| 23 | 23 | | (1) aggravated kidnapping committed with the intent to |
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| 24 | 24 | | violate or abuse the child sexually; |
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| 25 | 25 | | (2) indecency with a child; |
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| 26 | 26 | | (3) sexual assault; |
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| 27 | 27 | | (4) aggravated sexual assault; |
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| 28 | 28 | | (5) burglary committed with the intent to commit an |
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| 29 | 29 | | offense described by Subdivision (1), (2), (3), or (4) of this |
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| 30 | 30 | | subsection; |
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| 31 | 31 | | (6) sexual performance by a child; |
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| 32 | 32 | | (7) compelling prostitution; or |
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| 33 | 33 | | (8) continuous sexual abuse of a young child. |
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| 34 | 34 | | SECTION 2. This proposed constitutional amendment shall be |
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| 35 | 35 | | submitted to the voters at an election to be held November 4, 2025. |
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| 36 | 36 | | The ballot shall be printed to permit voting for or against the |
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| 37 | 37 | | proposition: "The constitutional amendment authorizing the |
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| 38 | 38 | | legislature to enact laws providing for the denial of bail to a |
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| 39 | 39 | | person accused of committing a trafficking or sexual offense |
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| 40 | 40 | | against a child while released on bail for committing a similar |
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| 41 | 41 | | offense." |
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