88R30092 MCF-D     By: Huffman, et al. S.J.R. No. 44     (Smith)     Substitute the following for S.J.R. No. 44:  No.       A JOINT RESOLUTION   proposing a constitutional amendment authorizing the denial of bail   under some circumstances to a person accused of certain violent or   sexual offenses 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 major   offense may be denied bail pending trial if a judge or magistrate   determines by clear and convincing evidence after a hearing that   bail and conditions of release are insufficient to reasonably   manage a specific risk:                (1)  of the person's wilful nonappearance in court in   violation of a requirement; or                (2)  to the safety of the community, law enforcement,   or the victim of the alleged offense.          (b)  A judge or magistrate may not deny a person bail under   this section except after a hearing held not later than 72 hours   after the person's arrest.  The judge or magistrate shall appoint   counsel to represent the person at the hearing if counsel does not   enter an appearance to represent the person before the hearing.  A   hearing is not required under this subsection to release a person on   bail.          (c)  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.          (d)  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 the presentation of testimonial evidence   before a judge or magistrate makes a bail decision with respect to a   person to whom this section applies.          (e)  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, and apply those factors to the particularized facts and   circumstances of the offense and any criminal episode during which   the offense occurred.          (f)  In this section, "major offense" means:                (1)  murder, if the person intentionally or knowingly   caused the death of an individual;                (2)  aggravated assault, if the person:                      (A)  used or exhibited a deadly weapon during the   commission of the assault; and                      (B)  assaults an individual the person knows is a   public servant:                            (i)  while the public servant is:                                  (a)  lawfully discharging an official   duty; or                                  (b)  wearing a distinctive uniform or   badge indicating the person's employment as a public servant; or                            (ii)  in retaliation for or on account of an   exercise of official power or performance of an official duty as a   public servant;                (3)  aggravated sexual assault, if the person used or   exhibited a deadly weapon during the commission of the assault;                (4)  aggravated robbery, if the person used or   exhibited a deadly weapon during the commission of the robbery; or                (5)  continuous trafficking of persons.          SECTION 3.  This proposed constitutional amendment shall be   submitted to the voters at an election to be held November 7, 2023.   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 certain   violent or sexual offenses 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."