Texas Constitution:Article I, Section 11-c: Difference between revisions

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{{DISPLAYTITLE:Article I, Section 11c of the Texas Constitution (''<small>"Denial of Bail for Violation of Protective Order Involving Family Violence"</small>'')}}{{Texas Constitution|text=Added November 6, 2007:
{{DISPLAYTITLE:Article I, Section 11-c of the Texas Constitution (''<small>"Denial of Bail for Violation of Protective Order Involving Family Violence"</small>'')}}{{Texas Constitution|text=Added November 6, 2007:


'''The Legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this State determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.'''
'''The Legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this State determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.'''
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|editor=
|editor=


Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section 11-b|11-b]], [[Texas Constitution:Article I, Section 11b|11b]] and [[Texas Constitution:Article I, Section 13|13]] of Article I also directly address bail for those accused of criminal offenses.
Sections [[Texas Constitution:Article I, Section 11|11]], [[Texas Constitution:Article I, Section 11-a|11-a]], [[Texas Constitution:Article I, Section 11-b|11-b]] and [[Texas Constitution:Article I, Section 13|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.
All five sections reflect the tension between public safety and the constitutional presumption of innocence.
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|seo_title=Article I, Section 11c of the Texas Constitution ("Denial of Bail for Violation of Protective Order Involving Family Violence")
|seo_title=Article I, Section 11-c of the Texas Constitution ("Denial of Bail for Violation of Protective Order Involving Family Violence")
|seo_keywords=Article 1 Section 11c, Texas Bill of Rights, pretrial bail
|seo_keywords=Article 1 Section 11-c, 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=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
|seo_image_alt=Texas Bill of Rights

Latest revision as of 10:44, July 15, 2023

Added November 6, 2007:

The Legislature by general law may provide that any person who violates an order for emergency protection issued by a judge or magistrate after an arrest for an offense involving family violence or who violates an active protective order rendered by a court in a family violence case, including a temporary ex parte order that has been served on the person, or who engages in conduct that constitutes an offense involving the violation of an order described by this section may be taken into custody and, pending trial or other court proceedings, denied release on bail if following a hearing a judge or magistrate in this State determines by a preponderance of the evidence that the person violated the order or engaged in the conduct constituting the offense.

Editor Comments

Sections 11, 11-a, 11-b 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

None.

Library Resources

Online Resources