Bill Text: TX HJR98 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Proposing a constitutional amendment authorizing the denial of pretrial release of a person accused of a noncapital offense if necessary to ensure the person's appearance in court and the safety of the community and the victim of the alleged offense.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2017-03-20 - Referred to Criminal Jurisprudence [HJR98 Detail]

Download: Texas-2017-HJR98-Introduced.html
  85R7448 MAW-F
 
  By: Murr H.J.R. No. 98
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the denial of
  pretrial release of a person accused of a noncapital offense if
  necessary to ensure the person's appearance in court and the safety
  of the community 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) Except as provided by Subsection (b) of this
  section and Sections 11a, 11b, and 11c of this article, any person
  accused of an offense [All prisoners] shall be eligible for
  pretrial release, whether on a bail bond or a personal bond
  [bailable by sufficient sureties], unless the person is accused of
  a [for] capital offense for which [offenses, when] the proof is
  evident; but this provision shall not be [so] construed [as] to
  prevent pretrial release [bail] after indictment found upon
  examination of the evidence, in such manner as may be prescribed by
  law.
         (b)  A person may be denied pretrial release if a judge or
  magistrate determines by clear and convincing evidence that
  requiring bail and conditions of release are insufficient to
  reasonably ensure:
               (1)  the person's appearance in court as required; or
               (2)  the safety of the community or the victim of the
  alleged offense.
         SECTION 2.  This proposed constitutional amendment shall be
  submitted to the voters at an election to be held November 7, 2017.
  The ballot shall be printed to permit voting for or against the
  proposition: "The constitutional amendment authorizing the denial
  of pretrial release of a person accused of a noncapital offense if
  necessary to ensure the person's appearance in court and the safety
  of the community and the victim of the alleged offense."
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