Bill Text: TX HJR94 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Proposing a constitutional amendment authorizing the legislature to set a minimum amount of monetary bond for persons charged with certain felony offenses involving violence and requiring the denial of bail to a person accused of committing a felony while released on bail for a prior felony under most circumstances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-03 - Referred to Criminal Jurisprudence [HJR94 Detail]
Download: Texas-2023-HJR94-Introduced.html
88R3212 JRR-D | ||
By: Cunningham | H.J.R. No. 94 |
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proposing a constitutional amendment authorizing the legislature | ||
to set a minimum amount of monetary bond for persons charged with | ||
certain felony offenses involving violence and requiring the denial | ||
of bail to a person accused of committing a felony while released on | ||
bail for a prior felony under most circumstances. | ||
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) The legislature by general law may set a minimum amount | ||
of monetary bail that must be imposed in a case in which a person is | ||
accused of committing an offense involving violence, as defined by | ||
the legislature, that is punishable as a felony of the second degree | ||
or any higher category of offense. | ||
SECTION 2. Section 11a(a), Article I, Texas Constitution, | ||
is amended to read as follows: | ||
(a) Any person (1) accused of a felony less than capital in | ||
this State, who has been theretofore twice convicted of a felony, | ||
the second conviction being subsequent to the first, both in point | ||
of time of commission of the offense and conviction therefor, (2) | ||
[ |
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the use of a deadly weapon after being convicted of a prior felony, | ||
or (3) [ |
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under the supervision of a criminal justice agency of the State or a | ||
political subdivision of the State for a prior felony, after a | ||
hearing, and upon evidence substantially showing the guilt of the | ||
accused of the offense in (1) or (2) [ |
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[ |
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justice agency of the State or a political subdivision of the State | ||
for a prior felony, may be denied bail pending trial, by a district | ||
judge in this State, if the [ |
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is issued within seven calendar days subsequent to the time of | ||
incarceration of the accused; provided, however, that if the | ||
accused is not accorded a trial upon the accusation under (1) or (2) | ||
[ |
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or the accusation or indictment used under (3) [ |
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sixty (60) days from the time of [ |
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accusation, the order denying bail shall be automatically set | ||
aside, unless a continuance is obtained upon the motion or request | ||
of the accused. The [ |
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to the Court of Criminal Appeals of this State is expressly accorded | ||
the accused for a review of any judgment or order made under this | ||
subsection [ |
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preference by the Court of Criminal Appeals. | ||
SECTION 3. Article I, Texas Constitution, is amended by | ||
adding Section 11d to read as follows: | ||
Sec. 11d. (a) A person accused of committing a felony while | ||
on bail for a prior felony for which the person has been charged | ||
shall be denied bail pending trial unless a judge or magistrate | ||
determines by clear and convincing evidence that, based on the | ||
existence of extraordinary circumstances, the judge or magistrate | ||
is able to set bail and conditions of release sufficient to | ||
reasonably ensure: | ||
(1) the person's appearance in court as required; and | ||
(2) the safety of the community, law enforcement, and | ||
the victim of the alleged offense. | ||
(b) A judge or magistrate who denies or sets 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 decision. | ||
(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, not otherwise | ||
required by this section or by general law, before a judge or | ||
magistrate makes a bail decision with respect to a person to whom | ||
this section applies. | ||
SECTION 4. 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 | ||
legislature to set a minimum amount of monetary bond for persons | ||
charged with certain felony offenses involving violence and | ||
requiring the denial of bail to a person accused of committing a | ||
felony while released on bail for a prior felony under most | ||
circumstances." |