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proposing a constitutional amendment authorizing the denial of bail |
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under limited circumstances to a person accused of certain violent |
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or sexual offenses or of continuous trafficking of persons. |
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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) A person accused of committing a sexual |
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offense punishable as a felony of the first degree, of committing a |
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violent offense, or of committing continuous trafficking of persons |
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may be denied bail pending trial if a judge or magistrate determines |
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by clear and convincing evidence after a hearing that requiring |
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bail and conditions of release is insufficient to reasonably |
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ensure: |
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(1) the person's appearance in court as required; or |
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(2) the safety of the community, law enforcement, or |
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the victim of the alleged offense. |
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(b) A judge or magistrate who denies a person bail in |
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accordance with this section shall prepare a written order that |
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includes findings of fact and a statement explaining the judge's or |
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magistrate's reason for the denial. |
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(c) 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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(d) For purposes of determining whether clear and |
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convincing evidence exists to deny a person bail as described by |
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this section, a judge or magistrate shall consider the factors |
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required to be considered by a judge or magistrate in setting bail |
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under general law, including statutory law governing criminal |
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procedure. |
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(e) In this section, "violent offense" and "sexual offense" |
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have the meanings assigned by Section 11a of this article. |
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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 authorizing the denial |
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of bail under limited circumstances to a person accused of certain |
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violent or sexual offenses or of continuous trafficking of |
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persons." |