Bill Text: TX HJR12 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Proposing a constitutional amendment requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary and authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-27 - Referred to Constitutional Rights & Remedies [HJR12 Detail]
Download: Texas-2021-HJR12-Introduced.html
| 87S30319 LHC/EAS-D | ||
| By: Kacal | H.J.R. No. 12 | |
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| proposing a constitutional amendment requiring a judge or | ||
| magistrate to impose the least restrictive conditions of bail that | ||
| may be necessary and authorizing the denial of bail under some | ||
| circumstances to a person accused of a violent or sexual offense or | ||
| of continuous trafficking of persons. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 11, Article I, Texas Constitution, is | ||
| amended to read as follows: | ||
| Sec. 11. (a) All prisoners shall be bailable by sufficient | ||
| sureties, unless for capital offenses, when the proof is evident; | ||
| but this provision shall not be so construed as to prevent bail | ||
| after indictment found upon examination of the evidence, in such | ||
| manner as may be prescribed by law. | ||
| (b) In setting bail, a judge or magistrate shall impose the | ||
| least restrictive conditions, if any, and the monetary bond or | ||
| personal bond necessary to reasonably ensure the accused person's | ||
| appearance in court as required and the safety of the community, law | ||
| enforcement, and the victim of the alleged offense. | ||
| SECTION 2. Article I, Texas Constitution, is amended by | ||
| adding Section 11d to read as follows: | ||
| Sec. 11d. (a) A person accused of committing a sexual | ||
| offense punishable as a felony of the first degree, of committing a | ||
| violent offense, or of committing continuous trafficking of persons | ||
| may be denied bail pending trial if a judge or magistrate determines | ||
| by clear and convincing evidence after a hearing that requiring | ||
| bail and conditions of release is insufficient to reasonably | ||
| ensure: | ||
| (1) the person's appearance in court as required; or | ||
| (2) the safety of the community, law enforcement, or | ||
| the victim of the alleged offense. | ||
| (b) A judge or magistrate who denies a person bail in | ||
| accordance with this section shall prepare a written order that | ||
| includes findings of fact and a statement explaining the judge's or | ||
| magistrate's reason for the denial. | ||
| (c) This section may not be construed to: | ||
| (1) limit any right a person has under other law to | ||
| contest a denial of bail or to contest the amount of bail set by a | ||
| judge or magistrate; or | ||
| (2) require any testimonial evidence before a judge or | ||
| magistrate makes a bail decision with respect to a person to whom | ||
| this section applies. | ||
| (d) For purposes of determining whether clear and | ||
| convincing evidence exists to deny a person bail as described by | ||
| this section, a judge or magistrate shall consider the factors | ||
| required to be considered by a judge or magistrate in setting bail | ||
| under general law, including statutory law governing criminal | ||
| procedure. | ||
| (e) In this section, "violent offense" and "sexual offense" | ||
| have the meanings assigned by Section 11a of this article. | ||
| SECTION 3. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held May 7, 2022. The | ||
| ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment requiring a judge or | ||
| magistrate to impose the least restrictive conditions of bail that | ||
| may be necessary and authorizing the denial of bail under some | ||
| circumstances to a person accused of a violent or sexual offense or | ||
| of continuous trafficking of persons." | ||
