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A JOINT RESOLUTION
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proposing a constitutional amendment requiring the denial of bail |
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under certain circumstances to persons accused of certain offenses |
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punishable as a felony. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article I, Texas Constitution, is amended by |
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adding Section 11d to read as follows: |
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Sec. 11d. (a) This section applies only to a person accused |
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of committing one or more of the following offenses: |
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(1) murder; |
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(2) capital murder; |
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(3) aggravated assault if the person: |
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(A) caused serious bodily injury, as that term is |
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defined by general law, to another; or |
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(B) used a firearm, club, knife, or explosive |
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weapon, as those terms are defined by general law, during the |
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commission of the assault; |
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(4) aggravated kidnapping; |
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(5) aggravated robbery; |
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(6) aggravated sexual assault; |
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(7) indecency with a child; |
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(8) trafficking of persons; or |
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(9) continuous trafficking of persons. |
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(b) A person to whom this section applies shall be denied |
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bail pending trial if the attorney representing the state |
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demonstrates by clear and convincing evidence after a hearing that |
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the granting of bail is insufficient to reasonably: |
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(1) prevent the person's wilful nonappearance in |
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court; or |
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(2) ensure the safety of the community, law |
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enforcement, and the victim of the alleged offense. |
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(c) A judge or magistrate who grants a person bail in |
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accordance with this section shall: |
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(1) set bail and impose conditions of release |
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necessary only to reasonably: |
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(A) prevent the person's wilful nonappearance in |
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court; and |
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(B) ensure the safety of the community, law |
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enforcement, and the victim of the alleged offense; and |
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(2) prepare a written order that includes findings of |
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fact and a statement explaining the judge's or magistrate's |
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justification for the grant and the determinations required by this |
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section. |
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(d) This section may not be construed to: |
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(1) limit any right a person has under other law to |
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contest a denial of bail or to contest the amount of bail set by a |
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judge or magistrate; or |
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(2) require any testimonial evidence before a judge or |
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magistrate makes a bail decision with respect to a person to whom |
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this section applies. |
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(e) For purposes of determining whether clear and |
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convincing evidence exists as described by this section, a judge or |
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magistrate shall consider: |
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(1) the likelihood of the person's wilful |
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nonappearance in court; |
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(2) the nature and circumstances of the alleged |
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offense; |
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(3) the safety of the community, law enforcement, and |
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the victim of the alleged offense; and |
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(4) the criminal history of the person. |
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(f) At a hearing described by this section, a person is |
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entitled to be represented by counsel. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 4, 2025. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment requiring the denial of |
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bail under certain circumstances to persons accused of certain |
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offenses punishable as a felony." |