| 1 | | - | By: Huffman, et al. S.J.R. No. 5 |
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| 2 | | - | SENATE JOINT RESOLUTION |
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| 1 | + | By: Huffman, Bettencourt, Kolkhorst S.J.R. No. 5 |
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| 2 | + | (In the Senate - Filed February 7, 2025; February 7, 2025, |
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| 3 | + | read first time and referred to Committee on Criminal Justice; |
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| 4 | + | February 13, 2025, reported favorably by the following vote: |
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| 5 | + | Yeas 6, Nays 0; February 13, 2025, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 7 | 10 | | proposing a constitutional amendment authorizing the denial of bail |
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| 8 | 11 | | under limited circumstances to a person accused of certain violent |
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| 9 | 12 | | or sexual offenses or of continuous trafficking of persons. |
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| 10 | 13 | | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 14 | | SECTION 1. Article I, Texas Constitution, is amended by |
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| 12 | 15 | | adding Section 11d to read as follows: |
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| 13 | 16 | | Sec. 11d. (a) A person accused of committing a sexual |
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| 14 | 17 | | offense punishable as a felony of the first degree, of committing a |
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| 15 | 18 | | violent offense, or of committing continuous trafficking of persons |
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| 16 | 19 | | may be denied bail pending trial if a judge or magistrate determines |
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| 17 | 20 | | by clear and convincing evidence after a hearing that requiring |
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| 18 | 21 | | bail and conditions of release is insufficient to reasonably |
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| 19 | 22 | | ensure: |
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| 20 | 23 | | (1) the person's appearance in court as required; or |
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| 21 | 24 | | (2) the safety of the community, law enforcement, or |
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| 22 | 25 | | the victim of the alleged offense. |
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| 23 | 26 | | (b) A judge or magistrate who denies a person bail in |
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| 24 | 27 | | accordance with this section shall prepare a written order that |
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| 25 | 28 | | includes findings of fact and a statement explaining the judge's or |
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| 26 | 29 | | magistrate's reason for the denial. |
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| 27 | 30 | | (c) This section may not be construed to: |
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| 28 | 31 | | (1) limit any right a person has under other law to |
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| 29 | 32 | | contest a denial of bail or to contest the amount of bail set by a |
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| 30 | 33 | | judge or magistrate; or |
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| 31 | 34 | | (2) require any testimonial evidence before a judge or |
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| 32 | 35 | | magistrate makes a bail decision with respect to a person to whom |
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| 33 | 36 | | this section applies. |
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| 34 | 37 | | (d) For purposes of determining whether clear and |
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| 35 | 38 | | convincing evidence exists to deny a person bail as described by |
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| 36 | 39 | | this section, a judge or magistrate shall consider the factors |
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| 37 | 40 | | required to be considered by a judge or magistrate in setting bail |
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| 38 | 41 | | under general law, including statutory law governing criminal |
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| 39 | 42 | | procedure. |
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| 40 | 43 | | (e) In this section, "violent offense" and "sexual offense" |
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| 41 | 44 | | have the meanings assigned by Section 11a of this article. |
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| 42 | 45 | | SECTION 2. This proposed constitutional amendment shall be |
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| 43 | 46 | | submitted to the voters at an election to be held November 4, 2025. |
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| 44 | 47 | | The ballot shall be printed to permit voting for or against the |
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| 45 | 48 | | proposition: "The constitutional amendment authorizing the denial |
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| 46 | 49 | | of bail under limited circumstances to a person accused of certain |
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| 47 | 50 | | violent or sexual offenses or of continuous trafficking of |
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| 48 | 51 | | persons." |
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