Texas Constitution:Article I, Section 11-a: Difference between revisions
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{{DISPLAYTITLE:Article I, Section | {{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.''' | ||
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Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section | 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]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses. | ||
This section, an exception to Section 11, was added in 1956. It was amended in 1977 and again in 1993. | |||
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* ''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.") | ||
|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_description=Under this section, a defendant is entitled to be confronted with the witnesses against him before bail can be denied. | |||
|seo_image_alt=Texas Bill of Rights | |||
}} | }} | ||
Latest revision as of 10:47, July 15, 2023
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.
(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.
Editor Comments
Sections 11, 11-b, 11-c and 13 of Article I also directly address bail for those accused of criminal offenses.
This section, an exception to Section 11, was added in 1956. It was amended in 1977 and again in 1993.
Recent Decisions
None.
Historic Decisions
- Ex parte Miles, 474 S.W.2d 224, 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.")
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)