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| 1 | - | ||
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| 1 | + | 89R30689 LHC-F | |
| 2 | + | By: Huffman S.J.R. No. 87 | |
| 3 | 3 | ||
| 4 | 4 | ||
| 5 | 5 | ||
| 6 | 6 | ||
| 7 | + | A JOINT RESOLUTION | |
| 7 | 8 | proposing a constitutional amendment requiring the denial of bail | |
| 8 | 9 | to persons accused of certain offenses punishable as a felony who | |
| 9 | - | have previously been convicted of | |
| 10 | - | certain offenses punishable | |
| 11 | - | offense. | |
| 10 | + | have previously been convicted of certain offenses punishable as a | |
| 11 | + | felony or who were released on bail for certain offenses punishable | |
| 12 | + | as a felony at the time of the instant offense. | |
| 12 | 13 | BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 13 | 14 | SECTION 1. Article I, Texas Constitution, is amended by | |
| 14 | 15 | adding Section 11f to read as follows: | |
| 15 | 16 | Sec. 11f. (a) This section applies only to a person accused | |
| 16 | 17 | of committing one or more of the following offenses: | |
| 17 | 18 | (1) murder; | |
| 18 | 19 | (2) capital murder; | |
| 19 | 20 | (3) aggravated assault if the person: | |
| 20 | 21 | (A) caused serious bodily injury, as that term is | |
| 21 | 22 | defined by general law, to another; or | |
| 22 | 23 | (B) used a firearm, club, knife, or explosive | |
| 23 | 24 | weapon, as those terms are defined by general law, during the | |
| 24 | 25 | commission of the assault; | |
| 25 | 26 | (4) aggravated kidnapping; | |
| 26 | 27 | (5) aggravated robbery; | |
| 27 | 28 | (6) aggravated sexual assault; | |
| 28 | 29 | (7) indecency with a child; | |
| 29 | 30 | (8) trafficking of persons; or | |
| 30 | 31 | (9) continuous trafficking of persons. | |
| 31 | 32 | (b) Notwithstanding any other provision of this | |
| 32 | 33 | constitution, a person to whom this section applies shall be denied | |
| 33 | 34 | bail pending trial if a judge or magistrate determines after a | |
| 34 | - | hearing that | |
| 35 | + | hearing that: | |
| 35 | 36 | (1) probable cause exists to believe that the person | |
| 36 | - | engaged in conduct constituting an offense described by Subsection | |
| 37 | - | (a) of this section; and | |
| 37 | + | engaged in the conduct constituting the instant offense; and | |
| 38 | 38 | (2) the person: | |
| 39 | 39 | (A) was previously convicted of an offense | |
| 40 | 40 | described by Subsection (a) of this section; or | |
| 41 | - | (B) at the time of the new offense, was released | |
| 42 | - | on bail for an offense described by Subsection (a) of this section. | |
| 43 | - | (c) At a hearing described by this section, a person is | |
| 44 | - | entitled to be represented by counsel. | |
| 41 | + | (B) at the time of the instant offense, was | |
| 42 | + | released on bail for an offense described by Subsection (a) of this | |
| 43 | + | section. | |
| 45 | 44 | SECTION 2. This proposed constitutional amendment shall be | |
| 46 | 45 | submitted to the voters at an election to be held November 4, 2025. | |
| 47 | 46 | The ballot shall be printed to permit voting for or against the | |
| 48 | 47 | proposition: "The constitutional amendment requiring the denial of | |
| 49 | 48 | bail to persons accused of certain offenses punishable as a felony | |
| 50 | - | who have previously been convicted of | |
| 51 | - | ||
| 52 | - | offense." | |
| 49 | + | who have previously been convicted of certain offenses punishable | |
| 50 | + | as a felony or who were released on bail for certain offenses | |
| 51 | + | punishable as a felony at the time of the instant offense." |