Bill Text: TX HJR99 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Proposing a constitutional amendment requiring the denial of bail to certain persons arrested for an offense resulting in the death of or serious bodily injury to a person younger than 18 years of age.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-05-09 - Committee report sent to Calendars [HJR99 Detail]
Download: Texas-2023-HJR99-Comm_Sub.html
| 88R7497 CJD-D | ||
| By: Stucky, Cook, Thimesch | H.J.R. No. 99 | |
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| proposing a constitutional amendment requiring the denial of bail | ||
| to certain persons arrested for an offense resulting in the death of | ||
| or serious bodily injury to a person younger than 18 years of age. | ||
| 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 taken into custody for an offense | ||
| resulting in the death of or serious bodily injury to a person | ||
| younger than 18 years of age shall be denied release on bail pending | ||
| trial for a period not to exceed 30 days if a judge or magistrate, | ||
| following a hearing, determines: | ||
| (1) by a preponderance of the evidence that the person | ||
| engaged in the conduct constituting the offense; and | ||
| (2) by clear and convincing evidence that requiring | ||
| bail and conditions of release is insufficient to reasonably | ||
| ensure: | ||
| (A) the person's appearance in court as required; | ||
| or | ||
| (B) the safety of the community, law enforcement, | ||
| or the victim of the alleged offense. | ||
| (b) A person may not be denied bail under this section more | ||
| than once with respect to the same offense. | ||
| SECTION 2. 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 provide for voting for or against the | ||
| proposition: "The constitutional amendment requiring the denial of | ||
| bail to certain persons arrested for an offense resulting in the | ||
| death of or serious bodily injury to a person younger than 18 years | ||
| of age." | ||
