83R19653 MAW-F
	By: Burkett, Carter, et al.	H.J.R. No. 39
	Substitute the following for H.J.R. No. 39:
	By:  Herrero	C.S.H.J.R. No. 39

	A JOINT RESOLUTION
	proposing a constitutional amendment authorizing the denial of bail
	to certain persons charged with a violent or sexual offense after
	having been previously convicted of a violent or sexual offense.
	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 11a, Article I, Texas Constitution, is
	amended by amending Subsection (b) and adding Subsection (c) to
	read as follows:
	(b)  Notwithstanding Subsection (a) of this section, a
	person taken into custody for committing a violent offense or
	sexual offense may be denied release on bail pending trial if a
	judge or magistrate, following a hearing, determines that the
	person has been previously convicted of a violent offense or sexual
	offense.
	(c)  In this section:
	(1)  "Violent offense" means:
	(A)  murder;
	(B)  aggravated assault, if the accused used or
	exhibited a deadly weapon during the commission of the assault;
	(C)  aggravated kidnapping; or
	(D)  aggravated robbery.
	(2)  "Sexual offense" means:
	(A)  aggravated sexual assault;
	(B)  sexual assault; or
	(C)  indecency with a child.
	SECTION 2.  This proposed constitutional amendment shall be
	submitted to the voters at an election to be held November 5, 2013.
	The ballot shall be printed to provide for voting for or against the
	proposition: "The constitutional amendment authorizing the denial
	of bail to certain persons charged with a violent or sexual offense
	after having been previously convicted of a violent or sexual
	offense."