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
 
 
 
A JOINT RESOLUTION
  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 [offences], 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)  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)
  [accused of a felony less than capital in this State, committed
  while on bail for a prior felony for which he has been indicted,
  (3)] accused of a felony less than capital in this State involving
  the use of a deadly weapon after being convicted of a prior felony,
  or (3) [(4)] accused of a violent or sexual offense committed while
  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) [(3)] above[, of the offense
  committed while on bail in (2) above,] or of the offense in (3)
  [(4)] above committed while under the supervision of a criminal
  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 [said] order denying bail pending trial
  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)
  [(3)] above[, the accusation and indictment used under (2) above,]
  or the accusation or indictment used under (3) [(4)] above within
  sixty (60) days from the time of [his] incarceration upon the
  accusation, the order denying bail shall be automatically set
  aside, unless a continuance is obtained upon the motion or request
  of the accused.  The [; provided, further, that the] right of appeal
  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 [hereunder], and that [said] appeal shall be given
  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."
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