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  89R3879 CJD-D     By: Cook H.J.R. No. 115       A JOINT RESOLUTION   proposing a constitutional amendment authorizing the denial of bail   under some circumstances to a person accused of a violent or sexual   offense 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 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.           (b)     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.           (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.           (d)     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.           (e)     In this section, "violent offense" and "sexual offense"   have the meanings assigned by Section 11a of this article.          SECTION 3.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 4, 2025.   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 a violent or   sexual offense 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."