Bill Text: TX SR550 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.J.R. No. 4.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2021-05-30 - Reported enrolled [SR550 Detail]
Download: Texas-2021-SR550-Enrolled.html
By: Huffman | S.R. No. 550 |
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BE IT RESOLVED by the Senate of the State of Texas, 87th | ||
Legislature, Regular Session, 2021, That Senate Rule 12.03 be | ||
suspended in part as provided by Senate Rule 12.08 to enable the | ||
conference committee appointed to resolve the differences on | ||
House Joint Resolution 4 (requiring a judge or magistrate to | ||
impose the least restrictive conditions of bail that may be | ||
necessary and authorizing the denial of bail under some | ||
circumstances to a person accused of a violent or sexual offense | ||
or of continuous trafficking of persons) to consider and take | ||
action on the following matter: | ||
Senate Rules 12.03(1) and (4) are suspended to permit the | ||
committee to change, alter, or amend text which is not in | ||
disagreement and to add text on a matter which is not included in | ||
either the house or senate version of the joint resolution in | ||
proposed SECTION 2 of the joint resolution, by amending proposed | ||
Sections 11d(a) and (c), Article I, Texas Constitution, to read | ||
as follows: | ||
(a) A person accused of committing a sexual offense | ||
punishable as a felony of the first degree, of committing a | ||
violent offense, or of committing continuous trafficking of | ||
persons may be denied bail pending trial if a judge or magistrate | ||
determines by clear and convincing evidence after a hearing that | ||
requiring bail and conditions of release is insufficient to | ||
reasonably ensure: | ||
(1) the person's appearance in court as required; or | ||
(2) the safety of the community, law enforcement, or | ||
the victim of the alleged offense. | ||
(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 testimonial evidence before a judge | ||
or magistrate makes a bail decision with respect to a person to | ||
whom this section applies. | ||
Explanation: This change is necessary to clarify which | ||
persons may be denied bail pending trial and the procedural | ||
requirements imposed on a judge or magistrate before making | ||
certain bail decisions. | ||
_______________________________ | ||
President of the Senate | ||
I hereby certify that the | ||
above Resolution was adopted by | ||
the Senate on May 30, 2021, by | ||
the following vote: Yeas 23, | ||
Nays 8. | ||
_______________________________ | ||
Secretary of the Senate |