Texas Denial of Bail for Certain Crimes Amendment (2021)
| Texas Denial of Bail for Certain Crimes Amendment | |
|---|---|
 | |
| Election date November 2, 2021 | |
| Topic Law enforcement | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin State legislature |
The Texas Denial of Bail for Certain Crimes Amendment was not on the ballot in Texas as a legislatively referred constitutional amendment on November 2, 2021.[1]
This amendment would have amended the Texas Constitution to authorize a judge or magistrate to deny bail for certain crimes including, persons accused of a violent or sexual offense or continuous trafficking of persons.[2]
Text of measure
Constitutional changes
- See also: Article 1, Texas Constitution
The measure would have added section 11d to Article 1 of the state constitution. The following underlined text would have been added and struck-through text would have been deleted:[2]
Note: Hover over the text and scroll to see the full text.
Sec. 11d. (a) A person accused of committing a violent or sexual 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 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)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 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 hearing or procedure before a judge or magistrate makes a bail decision with respect to a person to whom this section applies.
(d) In this section, "violent offense" and "sexual offense" have the meanings assigned by Section 11a of this article. [3]
Path to the ballot
- See also: Amending the Texas Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote is required in both the Texas State Senate and the Texas House of Representatives.
This amendment was filed as House Joint Resolution 4 (HJR 4) on March 11, 2021. On May 11, 2021, the state House passed HJR 4 in a vote of 104-35, with 11 absent or not voting. On May 22, 2021, the Senate passed an amended version of HJR 4 in a vote of 24-6 with one absent. The House did not agree to the amended version before the legislature adjourned on May 31, 2021.[1]
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See also
External links
Footnotes
- ↑ 1.0 1.1 Texas State Legislature, "House Joint Resolution 4 Overview," accessed May 12, 2021
- ↑ 2.0 2.1 Texas State Legislature, "House Joint Resolution 4 Text," accessed May 12, 2021
- ↑ Note: This text is quoted verbatim from the original source.
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State of Texas Austin (capital) |
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