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Texas Constitution:Article I, Section 11-d: Difference between revisions
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Texas Constitution:Article I, Section 11-d (view source)
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{{DISPLAYTITLE:Article I, Section 11-d of the Texas Constitution (''<small>"Denial of Bail | {{DISPLAYTITLE:Article I, Section 11-d of the Texas Constitution (''<small>"Denial of Bail for Certain Offenses"</small>'')}}{{Texas Constitution|text=Added November 4, 2025: | ||
'''(a) This section applies only to a person accused of committing one or more of the following offenses: (1) murder; (2) capital murder; (3) aggravated assault if the person: (A) caused serious bodily injury, as that term is defined by general law, to another; or (B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault; (4) aggravated kidnapping; (5) aggravated robbery; (6) aggravated sexual assault; (7) indecency with a child; (8) trafficking of persons; or (9) continuous trafficking of persons.''' | '''(a) This section applies only to a person accused of committing one or more of the following offenses: (1) murder; (2) capital murder; (3) aggravated assault if the person: (A) caused serious bodily injury, as that term is defined by general law, to another; or (B) used a firearm, club, knife, or explosive weapon, as those terms are defined by general law, during the commission of the assault; (4) aggravated kidnapping; (5) aggravated robbery; (6) aggravated sexual assault; (7) indecency with a child; (8) trafficking of persons; or (9) continuous trafficking of persons.''' | ||
'''(b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the | '''(b) A person to whom this section applies shall be denied bail pending trial if the attorney representing the State demonstrates: (1) by a preponderance of the evidence after a hearing that the granting of bail is insufficient to reasonably prevent the person's wilful nonappearance in court; or (2) by clear and convincing evidence after a hearing that the granting of bail is insufficient to reasonably ensure the safety of the community, law enforcement, and the victim of the alleged offense.''' | ||
'''(c) A judge or magistrate who grants a person bail in accordance with this section shall: (1) set bail and impose conditions of release necessary only to reasonably: (A) prevent the person's wilful nonappearance in court; and (B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and (2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.''' | '''(c) A judge or magistrate who grants a person bail in accordance with this section shall: (1) set bail and impose conditions of release necessary only to reasonably: (A) prevent the person's wilful nonappearance in court; and (B) ensure the safety of the community, law enforcement, and the victim of the alleged offense; and (2) prepare a written order that includes findings of fact and a statement explaining the judge's or magistrate's justification for the grant and the determinations required by this section.''' | ||