SJR17 - Proposing a constitutional amendment authorizing the denial of bail under limited circumstances to a person accused of certain violent or sexual offenses or of continuous trafficking of persons.

  89R5797 CJD-D     By: Huffman S.J.R. No. 17       A JOINT RESOLUTION   proposing a constitutional amendment authorizing the denial of bail   under limited circumstances to a person accused of certain violent   or sexual offenses or of continuous trafficking of persons.          BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  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 limited circumstances to a person accused of certain   violent or sexual offenses or of continuous trafficking of   persons."