Bill Text: TX HJR181 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of a violent or sexual offense or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Criminal Jurisprudence [HJR181 Detail]
Download: Texas-2023-HJR181-Introduced.html
| 88R9216 MCF-D | ||
| By: Smith | H.J.R. No. 181 | |
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| proposing a constitutional amendment authorizing the denial of bail | ||
| under some circumstances to a person accused of a violent or sexual | ||
| offense or of continuous trafficking of persons and requiring a | ||
| judge or magistrate to impose the least restrictive conditions of | ||
| bail that may be necessary to ensure the person's appearance in | ||
| court as required and the safety of the community, law enforcement, | ||
| and the victim of the alleged offense. | ||
| 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 [ |
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| 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, that are 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 November 7, 2023. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment authorizing the denial | ||
| of bail under some circumstances to a person accused of a violent or | ||
| sexual offense or of continuous trafficking of persons and | ||
| requiring a judge or magistrate to impose the least restrictive | ||
| conditions of bail that may be necessary to ensure the person's | ||
| appearance in court as required and the safety of the community, law | ||
| enforcement, and the victim of the alleged offense." | ||
