Texas Constitution:Article I, Section 12 and Texas Constitution:Article I, Section 11: Difference between pages

Revision as of 09:12, July 15, 2023

Adopted February 15, 1876:

All prisoners shall be bailable by sufficient sureties, unless for capital offences [sic], 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.

Editor Comments

Sections 11-b, 11b, 11c and 13 of Article I also directly address bail for those accused of criminal offenses.

All five sections reflect the tension between public safety and the constitutional presumption of innocence.

—Attorney Steve Smith

Recent Decisions

None.

Historic Decisions

Ex parte Varnado, 215 S.W.2d 165, 166 (Tex.Crim.App. 1948) ("[T]he omission of the words 'or the presumption great' materially changed the rights of a prisoner in the question of bail. . . . Since the opinion in Ex parte Smith, supra, the rule seems never to have been departed from, that if the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense has been committed; that the accused is the guilty agent, and that he would probably be punished capitally if the law is properly administered, bail should be refused, otherwise bail should be granted.")

Ex parte Ezell, 40 Tex. 451, 459 (1874) ("In all of the first constitutions of the several American states many provisions for the protection of personal rights and liberties were inserted, most of which related to freedom from illegal restraint and the insurance of a speedy and impartial trial for alleged offenses. They were for the most part extracted from the . . . . If we look back through the long struggle against the tyranny and oppressions by which these great rights were secured, it will be found that the grievances complained of related to the treatment of prisoners before trial and conviction, and not after.")

Library Resources

Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)

The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)

The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)

Online Resources

Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)

Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)

Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)

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-{{DISPLAYTITLE:Article I, Section 12 of the Texas Constitution (''<small>"Habeas Corpus"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
+{{DISPLAYTITLE:Article I, Section 11 of the Texas Constitution (''<small>"Bail"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
-'''The writ of habeas corpus is a writ of right, and shall never be suspended. The Legislature shall enact laws to render the remedy speedy and effectual.'''
+'''All prisoners shall be bailable by sufficient sureties, unless for capital offences [sic], 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.'''
 |editor=
-A writ of habeas corpus is a court order that directs a person who has detained another person to produce the detainee so the court can determine the legality of the detention.
+Sections [[Texas Constitution:Article I, Section 11-b|11-b]], [[Texas Constitution:Article I, Section 11b|11b]], [[Texas Constitution:Article I, Section 11c|11c]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses.
-In previous Texas constitutions the writ was, consistent with the federal constitution, a privilege rather than a right. Due to the Reconstruction experience, it was made absolute.
+All five sections reflect the tension between public safety and the constitutional presumption of innocence.
 |recent=
-* ''In re Bonilla'', 424 S.W.3d 528, [https://scholar.google.com/scholar_case?case=11199408978310368282#p532 532] (Tex.Crim.App. 2014) ("The Texas Constitution declares that 'the writ of habeas corpus is a writ of right, and shall never be suspended.' Tex. Const., art. I, § 12. The Texas Constitution mandates that the Legislature 'shall enact laws to render the remedy speedy and effectual.' ''Id''. Accordingly, the Legislature codified procedures for filing applications for writs of habeas corpus in death and non-death cases. ''See'' Tex. Code Crim. Proc. arts. 11.07 (procedures for applications in non-death cases); 11.071 (procedures for applications in death cases).")
+None.
 |historic=
+* ''Ex parte Varnado'', 215 S.W.2d 165, [https://texaslegalguide.com/images/215_SW2_165.pdf#page=2 166] (Tex.Crim.App. 1948) ("[T]he omission of the words 'or the presumption great' materially changed the rights of a prisoner in the question of bail. . . . Since the opinion in Ex parte Smith, supra, the rule seems never to have been departed from, that if the evidence is clear and strong, leading a well-guarded and dispassionate judgment to the conclusion that the offense has been committed; that the accused is the guilty agent, and that he would probably be punished capitally if the law is properly administered, bail should be refused, otherwise bail should be granted.")
-https://scholar.google.com/scholar_case?case=10466649267024622206
+* ''Ex parte Ezell'', 40 Tex. 451, [https://texaslegalguide.com/images/040_Tex_451.pdf#page=9 459] (1874) ("In all of the first constitutions of the several American states many provisions for the protection of personal rights and liberties were inserted, most of which related to freedom from illegal restraint and the insurance of a speedy and impartial trial for alleged offenses. They were for the most part extracted from the . . . . If we look back through the long struggle against the tyranny and oppressions by which these great rights were secured, it will be found that the grievances complained of related to the treatment of prisoners before trial and conviction, and not after.")
-* ''Legate v. Legate'', 28 S.W. 281, [https://texaslegalguide.com/images/028_SW_281.pdf#page=2 282] (Tex. 1894) ("If, in this proceeding, it appears that such person is restrained by reason of his supposed violation of some criminal law or quasi criminal law, as an offense against the person, or contempt of court, then the proceeding must be classed as a criminal case, although upon the whole case the court should be of opinion that the act for which such person is detained does not constitute a violation of such law . . . but, if such person is not restrained by reason of some supposed violation of law, then the proceeding must be classed as a civil case.")
+|seo_title=Article I, Section 11 of the Texas Constitution ("Bail")
+|seo_keywords=Article 1 Section 11, Texas Bill of Rights, pretrial bail
-* ''Ex parte Coupland'', 26 Tex. 386, [https://texaslegalguide.com/images/026_Tex_386.pdf#page=3 388-89] (1862) ("The relator (Coupland) applied to the Chief Justice on the 16th of July, 1862, in vacation, for a writ of habeas corpus, alleging that he was illegally restrained of his liberty by R. T. P. Allen, in Travis county, as he believed, 'without any order or process whatever, or any color of either.' The writ issued, and Allen made return that the relator was placed originally in his custody by order of R. J. Townes, provost marshal of Travis county; but that before the service of the writ upon him, the relator had been enrolled as a soldier . . . .")
+|seo_description=All prisoners shall be bailable by sufficient sureties except for capital offenses when the proof is evident.
-|seo_title=Article I, Section 12 of the Texas Constitution ("Habeas Corpus")
-|seo_keywords=Article 1 Section 12, Texas Bill of Rights, habeas corpus
-|seo_description=The writ of habeas corpus is a writ of right, and shall never be suspended.
 |seo_image_alt=Texas Bill of Rights