Texas Constitution:Article I, Section 11-a - Revision history

Admin at 20:03, October 26, 2025

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	* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) ("Article I, § 11 of the Texas Constitution provides all prisoners shall be bailable . . . . In addition to the built in exception to the right to bail in said Article I, § 11, there are other exceptions as we have seen in Article I, § 11-a of the State Constitution. These latter exceptions to the constitutional right to bail include the seeds of preventive detention urged by many to be abhorrent to the American system of justice. It is obvious that for these reasons the provisions of said Article I, § 11-a, contain strict limitations and other safeguards.")		* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) ("Article I, § 11 of the Texas Constitution provides all prisoners shall be bailable by . . . . In addition to the built in exception to the right to bail in said Article I, § 11, there are other exceptions as we have seen in Article I, § 11-a of the State Constitution. These latter exceptions to the constitutional right to bail include the seeds of preventive detention urged by many to be abhorrent to the American system of justice. It is obvious that for these reasons the provisions of said Article I, § 11-a, contain strict limitations and other safeguards.")

	* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")		* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")

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	* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984~~) (citations omitted~~) ("Article I, § 11 of the Texas Constitution provides all prisoners shall be bailable ~~by sufficient sureties '~~. . . .' In addition to the built in exception to the right to bail in said Article I, § 11, there are other exceptions as we have seen in Article I, § 11-a of the State Constitution. These latter exceptions to the constitutional right to bail include the seeds of preventive detention urged by many to be abhorrent to the American system of justice. It is obvious that for these reasons the provisions of said Article I, § 11-a, contain strict limitations and other safeguards.")		* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) ("Article I, § 11 of the Texas Constitution provides all prisoners shall be bailable . . . . In addition to the built in exception to the right to bail in said Article I, § 11, there are other exceptions as we have seen in Article I, § 11-a of the State Constitution. These latter exceptions to the constitutional right to bail include the seeds of preventive detention urged by many to be abhorrent to the American system of justice. It is obvious that for these reasons the provisions of said Article I, § 11-a, contain strict limitations and other safeguards.")

	* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")		* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")

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	* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) (" .")		* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) (citations omitted) ("Article I, § 11 of the Texas Constitution provides all prisoners shall be bailable by sufficient sureties '. . . .' In addition to the built in exception to the right to bail in said Article I, § 11, there are other exceptions as we have seen in Article I, § 11-a of the State Constitution. These latter exceptions to the constitutional right to bail include the seeds of preventive detention urged by many to be abhorrent to the American system of justice. It is obvious that for these reasons the provisions of said Article I, § 11-a, contain strict limitations and other safeguards.")

	* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")		* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")

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			* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) (" .")

	* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")		* ''Ex parte Miles'', 474 S.W.2d 224, [https://scholar.google.com/scholar_case?case=8091587886437479777#p225 225] (Tex.Crim.App. 1971) ("We hold that the denial of bail to persons who have been charged with a felony offense less than capital with two prior convictions alleged in accordance with Article 1, Section 11a, supra, for a period of sixty days pending trial is reasonable and does not violate constitutional rights against a class. Appellant contends that the affidavits of the complaining witnesses are insufficient . . . . We hold that an accused is entitled to be confronted with the witnesses against him at the hearing under Article 1, Section 11a, supra, before bail can be denied.")

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	* ''Taylor v. ~~State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) (" .")~~		None.

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	~~None~~.		* ''Taylor v. State'', 667 S.W.2d 149, [https://scholar.google.com/scholar_case?case=18105305109371871550#p151 151-52] (Tex.Crim.App. 1984) (" .")

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	{{DISPLAYTITLE:Article I, Section 11-a of the Texas Constitution (''<small>"Denial of Bail after Multiple Felonies"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1993:		{{DISPLAYTITLE:Article I, Section 11-a of the Texas Constitution (''<small>"Denial of Bail after Multiple Felonies"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1993:

	(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 (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 (3) above, of the offense committed while on bail in (2) above, or of the offense in (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 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 (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (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; 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 hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.		'''(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 (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 (3) above, of the offense committed while on bail in (2) above, or of the offense in (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 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 (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (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; 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 hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.'''

	(b) In this section: (1) "Violent offense" means: (A) murder; (B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault; (C) aggravated kidnapping; or (D) aggravated robbery. (2) "Sexual offense" means: (A) aggravated sexual assault; (B) sexual assault; or (C) indecency with a child.		'''(b) In this section: (1) "Violent offense" means: (A) murder; (B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault; (C) aggravated kidnapping; or (D) aggravated robbery. (2) "Sexual offense" means: (A) aggravated sexual assault; (B) sexual assault; or (C) indecency with a child.'''

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	{{DISPLAYTITLE:Article I, Section 11-a of the Texas Constitution (''<small>"Denial of Bail after Multiple Felonies"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1993:		{{DISPLAYTITLE:Article I, Section 11-a of the Texas Constitution (''<small>"Denial of Bail after Multiple Felonies"</small>'')}}{{Texas Constitution\|text=As amended November 2, 1993:

	~~'''~~(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 (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 (3) above, of the offense committed while on bail in (2) above, or of the offense in (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 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 (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (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; 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 hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.~~'''~~		(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 (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 (3) above, of the offense committed while on bail in (2) above, or of the offense in (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 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 (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (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; 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 hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.

	~~'''~~(b) In this section: (1) "Violent offense" means: (A) murder; (B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault; (C) aggravated kidnapping; or (D) aggravated robbery. (2) "Sexual offense" means: (A) aggravated sexual assault; (B) sexual assault; or (C) indecency with a child.~~'''~~		(b) In this section: (1) "Violent offense" means: (A) murder; (B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault; (C) aggravated kidnapping; or (D) aggravated robbery. (2) "Sexual offense" means: (A) aggravated sexual assault; (B) sexual assault; or (C) indecency with a child.

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Admin at 16:45, June 13, 2025

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	Sections [[Texas Constitution:Article I, Section 11\|11]], [[Texas Constitution:Article I, Section 11-b\|11-b]], [[Texas Constitution:Article I, Section 11-c\|11-c]], [[Texas Constitution:Article I, Section 11-d\|11-d]], and [[Texas Constitution:Article I, Section 13\|13]] of Article I also directly govern bail for those accused of criminal offenses.		Sections [[Texas Constitution:Article I, Section 11\|11]], [[Texas Constitution:Article I, Section 11-b\|11-b]], [[Texas Constitution:Article I, Section 11-c\|11-c]], [[Texas Constitution:Article I, Section 11-d\|11-d]], and [[Texas Constitution:Article I, Section 13\|13]] of Article I also directly govern bail for those accused of criminal offenses.

	This section, in substance an exception to Section 11, was added in 1956. It was amended in ~~both~~ 1977 and 1993.		This section, in substance an exception to Section 11, was added in 1956. It was amended in 1977 and 1993.

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	\|seo_title=Article I, Section 11-a of the Texas Constitution ("Denial of Bail after Multiple Felonies")		\|seo_title=Article I, Section 11-a of the Texas Constitution ("Denial of Bail after Multiple Felonies")
	\|seo_keywords=Article 1 Section 11-a, Texas Bill of Rights, pretrial bail		\|seo_keywords=Article 1 Section 11-a, Texas Bill of Rights, pretrial bail
	\|seo_description=~~Under this section, a~~ defendant is entitled to be confronted with the witnesses against him before bail can be denied.		\|seo_description=A defendant is entitled to be confronted with the witnesses against him before bail can be denied.
	\|seo_image_alt=Texas Bill of Rights		\|seo_image_alt=Texas Bill of Rights

Admin at 16:43, June 13, 2025

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	Sections [[Texas Constitution:Article I, Section 11\|11]], [[Texas Constitution:Article I, Section 11-b\|11-b]], [[Texas Constitution:Article I, Section 11-c\|11-c]], [[Texas Constitution:Article I, Section 11-d\|11-d]], and [[Texas Constitution:Article I, Section 13\|13]] of Article I also directly govern bail for those accused of criminal offenses.		Sections [[Texas Constitution:Article I, Section 11\|11]], [[Texas Constitution:Article I, Section 11-b\|11-b]], [[Texas Constitution:Article I, Section 11-c\|11-c]], [[Texas Constitution:Article I, Section 11-d\|11-d]], and [[Texas Constitution:Article I, Section 13\|13]] of Article I also directly govern bail for those accused of criminal offenses.

	This section, in substance an exception to Section 11, was added in 1956. It was amended in 1977 and 1993.		This section, in substance an exception to Section 11, was added in 1956. It was amended in both 1977 and 1993.

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