Bill Text: TX HJR4 | 2021-2022 | 87th Legislature | Comm Sub
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.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2021-05-30 - Senate adopts conf. comm. report-reported [HJR4 Detail]
Download: Texas-2021-HJR4-Comm_Sub.html
| By: Kacal, et al. (Senate Sponsor - Huffman) | H.J.R. No. 4 | |
| (In the Senate - Received from the House May 12, 2021; | ||
| May 13, 2021, read first time and referred to Committee on | ||
| Jurisprudence; May 21, 2021, reported favorably by the following | ||
| vote: Yeas 4, Nays 1; May 21, 2021, sent to printer.) | ||
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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. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Article I, Texas Constitution, is amended by | ||
| adding Section 11d to read as follows: | ||
| Sec. 11d. (a) A person accused of committing a violent or | ||
| sexual 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 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 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 hearing or procedure before a judge or | ||
| magistrate makes a bail decision with respect to a person to whom | ||
| this section applies. | ||
| (d) In this section, "violent offense" and "sexual offense" | ||
| have the meanings assigned by Section 11a of this article. | ||
| SECTION 2. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 2, 2021. | ||
| 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." | ||
| * * * * * | ||
