89R1221 CS-D     By: Cunningham H.J.R. No. 84       A JOINT RESOLUTION   proposing a constitutional amendment authorizing the legislature   to set a minimum amount of monetary bond for persons charged with   certain felony offenses involving violence and requiring the denial   of bail to a person accused of committing a felony while released on   bail for a prior felony under most circumstances.          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)  The legislature by general law may set a minimum amount   of monetary bail that must be imposed in a case in which a person is   accused of committing an offense involving violence, as defined by   the legislature, that is punishable as a felony of the second degree   or any higher category of offense.          SECTION 2.  Section 11a(a), Article I, Texas Constitution,   is amended to read as follows:          (a)  Any person (1) accused of a felony less than capital in   this State, who has been theretofore twice convicted of a felony,   the second conviction being subsequent to the first, both in point   of time of commission of the offense and conviction therefor, (2)   [accused of a felony less than capital in this State, committed   while on bail for a prior felony for which he has been indicted,   (3)] accused of a felony less than capital in this State involving   the use of a deadly weapon after being convicted of a prior felony,   or (3) [(4)] accused of a violent or sexual offense committed while   under the supervision of a criminal justice agency of the State or a   political subdivision of the State for a prior felony, after a   hearing, and upon evidence substantially showing the guilt of the   accused of the offense in (1) or (2) [(3)] above[, of the offense   committed while on bail in (2) above,] or of the offense in (3)   [(4)] above committed while under the supervision of a criminal   justice agency of the State or a political subdivision of the State   for a prior felony, may be denied bail pending trial, by a district   judge in this State, if the [said] order denying bail pending trial   is issued within seven calendar days subsequent to the time of   incarceration of the accused; provided, however, that if the   accused is not accorded a trial upon the accusation under (1) or (2)   [(3)] above[, the accusation and indictment used under (2) above,]   or the accusation or indictment used under (3) [(4)] above within   sixty (60) days from the time of [his] incarceration upon the   accusation, the order denying bail shall be automatically set   aside, unless a continuance is obtained upon the motion or request   of the accused.  The [; provided, further, that the] right of appeal   to the Court of Criminal Appeals of this State is expressly accorded   the accused for a review of any judgment or order made under this   subsection [hereunder], and that [said] appeal shall be given   preference by the Court of Criminal Appeals.          SECTION 3.  Article I, Texas Constitution, is amended by   adding Section 11d to read as follows:          Sec. 11d.  (a) A person accused of committing a felony while   on bail for a prior felony for which the person has been charged   shall be denied bail pending trial unless a judge or magistrate   determines by clear and convincing evidence that, based on the   existence of extraordinary circumstances, the judge or magistrate   is able to set bail and conditions of release sufficient to   reasonably ensure:                (1)  the person's appearance in court as required; and                (2)  the safety of the community, law enforcement, and   the victim of the alleged offense.          (b)  A judge or magistrate who denies or sets bail in   accordance with this section shall prepare a written order that   includes findings of fact and a statement explaining the judge or   magistrate's reason for the decision.          (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 hearing or procedure, not otherwise   required by this section or by general law, before a judge or   magistrate makes a bail decision with respect to a person to whom   this section applies.          SECTION 4.  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   legislature to set a minimum amount of monetary bond for persons   charged with certain felony offenses involving violence and   requiring the denial of bail to a person accused of committing a   felony while released on bail for a prior felony under most   circumstances."