Bill Text: TX SJR44 | 2023-2024 | 88th Legislature | Comm Sub


Bill Title: Proposing a constitutional amendment authorizing the denial of bail under some circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons and requiring a judge or magistrate to impose the least restrictive conditions of bail that may be necessary to ensure the person's appearance in court as required and the safety of the community, law enforcement, and the victim of the alleged offense.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Engrossed - Dead) 2023-05-23 - Postponed 9/1/23 10:00 AM [SJR44 Detail]

Download: Texas-2023-SJR44-Comm_Sub.html
  88R30092 MCF-D
 
  By: Huffman, et al. S.J.R. No. 44
 
  (Smith)
 
  Substitute the following for S.J.R. No. 44:  No.
 
 
 
A JOINT RESOLUTION
  proposing a constitutional amendment authorizing the denial of bail
  under some circumstances to a person accused of certain violent or
  sexual offenses or of continuous trafficking of persons and
  requiring a judge or magistrate to impose the least restrictive
  conditions of bail that may be necessary to ensure the person's
  appearance in court as required and the safety of the community, law
  enforcement, 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) 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)  In setting bail, a judge or magistrate shall impose the
  least restrictive conditions, if any, that are necessary to
  reasonably ensure the accused person's appearance in court as
  required and the safety of the community, law enforcement, and the
  victim of the alleged offense.
         SECTION 2.  Article I, Texas Constitution, is amended by
  adding Section 11d to read as follows:
         Sec. 11d.  (a) A person accused of committing a major
  offense may be denied bail pending trial if a judge or magistrate
  determines by clear and convincing evidence after a hearing that
  bail and conditions of release are insufficient to reasonably
  manage a specific risk:
               (1)  of the person's wilful nonappearance in court in
  violation of a requirement; or
               (2)  to the safety of the community, law enforcement,
  or the victim of the alleged offense.
         (b)  A judge or magistrate may not deny a person bail under
  this section except after a hearing held not later than 72 hours
  after the person's arrest.  The judge or magistrate shall appoint
  counsel to represent the person at the hearing if counsel does not
  enter an appearance to represent the person before the hearing.  A
  hearing is not required under this subsection to release a person on
  bail.
         (c)  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's or
  magistrate's reason for the denial.
         (d)  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 the presentation of testimonial evidence
  before a judge or magistrate makes a bail decision with respect to a
  person to whom this section applies.
         (e)  For purposes of determining whether clear and
  convincing evidence exists to deny a person bail as described by
  this section, a judge or magistrate shall consider the factors
  required to be considered by a judge or magistrate in setting bail
  under general law, including statutory law governing criminal
  procedure, and apply those factors to the particularized facts and
  circumstances of the offense and any criminal episode during which
  the offense occurred.
         (f)  In this section, "major offense" means:
               (1)  murder, if the person intentionally or knowingly
  caused the death of an individual;
               (2)  aggravated assault, if the person:
                     (A)  used or exhibited a deadly weapon during the
  commission of the assault; and
                     (B)  assaults an individual the person knows is a
  public servant:
                           (i)  while the public servant is:
                                 (a)  lawfully discharging an official
  duty; or
                                 (b)  wearing a distinctive uniform or
  badge indicating the person's employment as a public servant; or
                           (ii)  in retaliation for or on account of an
  exercise of official power or performance of an official duty as a
  public servant;
               (3)  aggravated sexual assault, if the person used or
  exhibited a deadly weapon during the commission of the assault;
               (4)  aggravated robbery, if the person used or
  exhibited a deadly weapon during the commission of the robbery; or
               (5)  continuous trafficking of persons.
         SECTION 3.  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 denial
  of bail under some circumstances to a person accused of certain
  violent or sexual offenses or of continuous trafficking of persons
  and requiring a judge or magistrate to impose the least restrictive
  conditions of bail that may be necessary to ensure the person's
  appearance in court as required and the safety of the community, law
  enforcement, and the victim of the alleged offense."
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