By: Huffman, et al. S.J.R. No. 87
SENATE JOINT RESOLUTION
proposing a constitutional amendment requiring the denial of bail
to persons accused of certain offenses punishable as a felony who
have previously been convicted of or who were released on bail for
certain offenses punishable as a felony at the time of the new
offense.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by
adding Section 11f to read as follows:
Sec. 11f. (a) This section applies only to a person accused
of committing one or more of the following offenses:
(1) murder;
(2) capital murder;
(3) aggravated assault if the person:
(A) caused serious bodily injury, as that term is
defined by general law, to another; or
(B) used a firearm, club, knife, or explosive
weapon, as those terms are defined by general law, during the
commission of the assault;
(4) aggravated kidnapping;
(5) aggravated robbery;
(6) aggravated sexual assault;
(7) indecency with a child;
(8) trafficking of persons; or
(9) continuous trafficking of persons.
(b) Notwithstanding any other provision of this
constitution, a person to whom this section applies shall be denied
bail pending trial if a judge or magistrate determines after a
hearing that the attorney representing the state demonstrates:
(1) probable cause exists to believe that the person
engaged in conduct constituting an offense described by Subsection
(a) of this section; and
(2) the person:
(A) was previously convicted of an offense
described by Subsection (a) of this section; or
(B) at the time of the new offense, was released
on bail for an offense described by Subsection (a) of this section.
(c) At a hearing described by this section, a person is
entitled to be represented by counsel.
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 requiring the denial of
bail to persons accused of certain offenses punishable as a felony
who have previously been convicted of or who were released on bail
for certain offenses punishable as a felony at the time of the new
offense."